ESSAY #5

STUDENT NAME: 1939255 REGINA DIANE SOUTHARD CARRIZALES

PROFESSOR: RAUL REYES VILLARREAL
GROUP: 3CI SUBJECT: LABOR LAW

What are the utilities? Profits are revenues minus expenses of the business. It includes all types of
sales that the company generates less the costs that it makes. The law says that employees have
the right to receive a part of these profits is a constitutional right that is established in the National
Commission for the Participation of Workers in the Utilities of Companies (CNPTU). The worker
provides a personal job subordinated to a natural or legal person in exchange for a salary, for
which he has the right to participate in the profits obtained by the employer or the company. The
utilities are presented through a declaration and the employer must show this declaration 10 days
before presenting it to the SAT to all its employees, 30 days after this the employees are allowed
to make observations and object in case there is any disagreement almost always when there is a
disagreement it is about the amount that they are going to receive. The employer must always
present this declaration to its employees before presenting it to the SAT to establish transparency
with them and in advance to avoid legal problems. What happens if an employee resigns before
this declaration is made, but if I work the year? Something that must be emphasized is that if an
employee resigns before the profit statement is filed, he has the right and can claim his share of
the profit since he worked and contributed those same profits to the company. For the
distribution of profits, 2 things must be considered, first of what you must distribute among the
employees, you divide it by the number of employees and then by the number of hours that each
one works; Second, it also depends on the salary and position of the worker. After considering
these two things, profits can be properly distributed.
But there are several cases or exceptions where the distribution of profits does not apply, these
can be companies that have barely been a year, companies dedicated to the development of a
new product, within the first two years, and companies that are dedicated to extraction (the
reason why which there is an exception for extraction companies such as mining is that the labor
law makes distinctions where they look for which workers do special high-risk jobs) within the
exploration period, private assistance institutions, IMSS and any other public institute and any
company that does not have the minimum capital required by the industry, according to the STPS
(Secretariat of Labor and Social Welfare). Some workers who do not have the right to claim profits
are directors, administrative staff, managers, and domestic employees (domestic workers do not
have the right to claim profits because they do not have a working day, they establish their salary,
and they get agreement more personally with your worker).
productivity and training. An employer must constantly be training his employees to adjust their
productivity. All groups that talk about the union must talk about training.
Preference. Article 154 of the Federal Labor Law establishes that employers when promoting or
moving up one of their workers, must prefer Mexicans over non-Mexicans; Those who have been
in the company the longest; Those who have no income and must support a family; Those who
finished their basic education and those who have more knowledge to perform a certain job.
Continuing with the concept of whom we should prefer when considering one of our workers for a
promotion or advancement, article 159 that workers have the right to be considered in the
internal process and the employer must consider the productivity and job skills, but seniority and
being a family breadwinner can play a big role. The definitive positions, the provisional positions
that last more than 30 days, and the newly created positions, will be covered by the immediate
subordinate worker, who is the most capable, the most suitable, the most productive, and/or the
one with the greatest seniority or time. Inside the company. One piece of information that we
must consider for workers who have been working for a long time in a company is that the law
 ESSAY #5
STUDENT NAME: 1939255 REGINA DIANE SOUTHARD CARRIZALES
PROFESSOR: RAUL REYES VILLARREAL
GROUP: 3CI SUBJECT: LABOR LAW

establishes that any worker who has been in the company for more than 15 years, and leaves it,
either improperly or by common agreement, you will receive a Seniority Bonus, consisting of 12
days of salary, for each year of service.
In cases of the invention in the workplace, it is established that the inventor will have the right to
the invention, but if the worker is engaged in research or research with company resources, said
invention will be responsible to the employer, that is if the worker was hired to investigate or
invent something this is the property of the employer. In any other case, the property rights over
the invention will correspond to the person who made it; however, the employer will have a
preference in the sale of said rights.