Labor Procedural Law

It is responsible for regulating and solving labor disputes, individually or collectively, arising in labor matter and social security, which occur between employers and workers, on individual and collective work contracts or regarding security benefits between the beneficiary and the institutions.

The labor legislation in Mexico is foreseen in the Political Constitution of the United States of Mexico in article 123, and by the Federal Labor Law in a substantive and adjective way. Labor Law tends to protect the worker, since almost all the burden of proof is on the employer, while the worker only has to prove the existence of the labor relationship and unjustified dismissal in the case of an ordinary labor trial. The body before which this process is carried out is jurisdictional, but formally administrative, as it depends on the Executive; this body is called the Conciliation and Arbitration Board.

The Federal Labor Law establishes on its 1st article, it is of general compliance throughout the Republic and rules the labor relations included in article 123, paragraph “A” of the Constitution, that is, those that arise among individuals. In section “B” the labor relations between the State and its workers are regulated by the provisions of the Federal Law of Workers at the State’s Service.

The labor law process will be public, free, immediate, predominantly oral and conciliatory, and will be started by the request of a party. The Boards will have the obligation to take the necessary measures to achieve the greatest economy, concentration and simplicity of the process.

“In Bandala Díaz García, we provide the best legal advice in labor matters, in order to protect your rights and your assets.”