UNIVERSIDAD DEL TEPEYAC

ARQUITECTURA CON ACUERDO No. 934443 FECHA 28-XII-19993

DERECHOS Y OBLIGACIONES DE LOS

PATRONES

PRESENTA
JOSHUA ALEXIS SÁNCHEZ PIÑA

MATERIA: ARQUITECTURA LEGAL

MAESTRO: LIC. LUIS ALFREDO LABASTIDA LOPEZ

CIUDAD DE MÉXICO 2022

The rights of employers in Mexico refer to the faculties and powers that
employers have in Mexico, within the framework of an employment
contract or relationship.

In every labor agreement there are two actors: the employer and the
employee. According to Mexican law, the former is any individual or legal
entity that uses the services of one or more workers. The latter, on the
other hand, is defined as any individual who provides material or
intellectual services, or both, to an employer.

Under this relationship, both parties have rights and obligations. Among
the powers of the employers are the power to manage the tasks and to
choose the worker they consider most qualified and the possibility of
sanctioning, to be part of the mixed commissions and to terminate the
labor relationship.

On the other hand, among their obligations are the payment of salaries
and indemnities, the provision of the necessary tools for the performance
of the work and the provision of time and rest days.

If the employer does not comply with these rules, it may receive fines,
closures and lawsuits from the workers. On the other hand, when the
employee is the one who does not respect them, the employer has the
right to terminate the employee's services without paying any
compensation.

Employers' Rights
According to Mexican law, an employment relationship consists of the
rendering of subordinate work in exchange for the payment of a salary.

Within this framework, the employer has several rights, the main one
being the power to manage and administer the actions and occupations.
Right of management
This right refers to the power of the employer to manage, plan, organize
and direct the performance of the tasks performed by the employee
within the employment relationship.

As part of this agreement he can command, order and control the

execution of the work and is also in charge of classifying the required
positions, the activities and the responsibilities of each one of them.

In addition, it can choose the place where the service will be provided
and determine the hours, rest days and salaries received, always within
the legal regulatory framework.

Right of choice
The employer has the right to choose the worker he considers most
qualified for the service he desires.

However, this choice must be made without any act of discrimination and
contemplating that the law of this country establishes that ninety percent
of the workers hired must be Mexican.

Right of mutual loyalty

Among the rights that arise from any employment relationship is that of
mutual loyalty.

This concept refers to the fact that both parties must fulfill their duties
and obligations within a framework of honesty, integrity and
trustworthiness.

For example, the employee may not reveal technical, commercial,

manufacturing or trade secrets or confidential work-related matters that
may affect the employer or the company.
Right to be part of joint commissions

Within the framework of this labor relationship, both the employer and
the employees have the right to participate in joint commissions in which
matters of mutual interest are discussed.

These groups may discuss employee profit sharing, personnel training,

salary adjustments, safety and hygiene of the facilities, and internal
regulations, among other issues.

Right to sanction
Within its rights, the employer also has the power to reward or sanction
its employees to encourage and ensure compliance with their
obligations.

However, these disciplinary measures cannot be imposed according to

the employer's own discretion, but must be contemplated in the
regulations in force and in what the law itself determines.

In this regard, the Mexican Federal Labor Law only allows for
suspension without pay for up to 8 days. On the other hand, in case of
disagreement with the punishment, the employee may appeal the
measure to the competent Conciliation and Arbitration Board.

Right to terminate the employment relationship

The employer has the right to dismiss an employee in cases of serious
non-compliance with his duties or behavior. The law describes in detail
those acts that may cause the termination of the employment
relationship without liability for the employer.

Some of the possible causes are deceit regarding the qualities and
capabilities of the employee, crimes and frauds against the company
and its assets, mistreatment in the workplace or against a colleague,
sabotage, intentional material damage and acts of negligence that
compromise safety.

Also unjustified absences, disobedience of orders related to the task for

which he/she was hired or going to work in a state of drunkenness,
under the influence of drugs or carrying weapons, except in cases where
they are necessary for the provision of the service.

Obligations of employers

In addition to rights, employers also have obligations that must be

fulfilled within the framework of a labor relationship.

Among the main ones are the obligation to pay salaries and indemnities
in accordance with the regulations in force, and to provide the necessary
tools and materials for the performance of the work.

They must also contribute to the promotion of cultural and sports

activities of the employees, avoid mistreatment and participation in the
organization and decision making of the unions, and comply with the
safety, hygiene, health and environmental rules determined by law.

In turn, employers must provide rest time during work, offer facilities
suitable for the service, provide training and education, and collaborate
with the literacy of workers.

Finally, they must allow inspection and surveillance by the labor

authorities in their establishments and provide them with all the
information requested for their controls.

Reference:

Equipo editorial. (2019, 9 diciembre). Derechos de los patrones en México (y obligaciones).

Lifeder. https://www.lifeder.com/derechos-patrones-en-mexico/