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Labor and Social Security Law Labor and Social Security Law

The Firm has an area specialized in Labor, Social Security, INFONAVIT, AFORE, and administrative law and can handle all types of consultations in this regard.

The Firm can handle litigation and all types of conflicts in any of the abovementioned areas.

Our services are focused on analyzing the legal situation of the company in the aforementioned matters, verifying through the corresponding documentation and information provided by the company, the degree of compliance with employer’s obligations in accordance with the applicable law, as well as advising and providing support in different procedures consisting mainly of the following:

Services:

Labor:

  • Preventive advice on labor matters.
  • Audits to avoid future labor contingencies.
  • Any type of employment contracts.
  • Negotiation of collective bargaining agreements.
  • Expatriates working in Mexico and Mexican personnel assigned to provide services abroad.
  • Advice during and after any inspection by the Ministry of Labor and Social Welfare [Secretaría de Trabajo y Previsión Social].
  • Creation and implementation of compensation plans for both local and international employees.
  • Strategies related to personnel transfers in corporate restructuring processes.
  • Confidentiality and non-competition agreements.
  • Elaboration, review and update of Human Resources policies and procedures, as well as elaboration and update of internal work regulations.
  • Drafting and registration of training programs.
  • Integration, registration and operation of joint commissions.
  • Advice on employee profit sharing (PTU).
  • Strategies for the termination of employment contracts.
  • Training Human Resources personnel on labor updates.

Litigation

  • Strategies for the defense of companies against individual and collective labor actions.
  • Attending to labor lawsuits within the Mexican Republic.
  • Keeping the client informed regarding the status of their pending labor lawsuits.
  • Collective negotiations with labor unions.

Social Security.

  • Advice and consultations regarding Social Security, INFONAVIT, AFORE, and matters of local tax law.
  • Answers and, if necessary, challenge of occupational hazards qualification issued by the Mexican Social Security Institute.
  • Follow-up of occupational hazards classified by the Mexican Social Security Institute.
  • Enquiries on issues or doubts about occupational hazards in the company.
  • Proposal and joint implementation of best operating practices, for example: Disability Subsidy Agreements with the IMSS.
  • Regarding reforms to the social security law, continuing education for the company’s personnel.
  • Advice on issues related to the premium of Risk Degree.
  • Determination of degree of compliance with the legal provisions in the aforementioned matters, applicable to the company as employer.
  • Advice on the drafting of the company’s written responses to visits, inspections and requirements by the IMSS to analyze the occupational risks within the company.
  • Advice regarding retirement plans applicable to the personnel.
  • Social Security audits.
  • Workshops to update personnel on social security issues.
  • Advice and implementation of Mexican official standards.
  • Attention and, if necessary, challenge of inspections carried out by local and federal labor authorities.
  • The Firm also has personnel able to elaborate Social Security Opinions regarding Social Security matters and has a public accountant authorized by Social Security.
  • It is also possible to hire a diagnosis prior to the opinion with the scope requested.

These professional services are provided with suggestions and corrections according to the respective previous analysis, we notify the client thereof for previous correction and to obtain better results.

On the other hand, the Firm provides specific services to attend any type of inspection by the STPS: 

Description of services:

  1. Inspections: from the moment any inspection process is initiated by the STPS, we can provide support and advice throughout its development; elaborating resources and means of legal defense within the deadlines determined by law and regulations, according to the information and documentation provided to us.
  2. Summons: the Firm can prepare the necessary defenses and statements to be submitted within the legal terms during an inspection procedure, assisting you in their submission at the locations or labor centers determined by the STPS.
  3. Fines: the Firm can legally challenge any fine issued by the competent courts, attending to the legal process until its final conclusion.
  4. Legal Audit: up-to-date legal audit service in the areas of General Working Conditions, Training and Education, and Occupational Health and Safety, in which the company’s documents will be reviewed from a legal standpoint to determine whether they comply with the requirements of the authorities based on applicable laws and regulations.
  5. Once the information has been analyzed, changes will be suggested to properly address areas of opportunity and avoid, as far as possible, the imposition of fines in the course of daily operations.
  6. Where appropriate, advise on the implementation of the STPS’s VELAVO (Voluntary Program) as a good faith strategy to avoid more inspections.
  7. Training Records: training and education certificates for each of your employees can be issued on the STPS portal for training courses they have taken in the corresponding calendar year, so that the Company complies with the provisions of Article 153-V of the Federal Labor Law.
  8. Officially Aproved: legal process aiming to ensure that inspections relating to General Working Conditions, Training and Education, as well as Occupational Health and Safety, are carried out as guidance and advice, aiming to avoid the imposition of fines.

Health and Safety:

We have attorneys who are experts in the area of occupational risk management, prevention, and correction, in order to advise on the implementation of official Mexican standards in the area of occupational health and safety and, thereby, respond to and challenge inspections carried out by local and federal labor authorities, aiming to avoid fines for companies and establishing a safe workplace for their employees.

Training and Education

The Firm has trainers authorized by the Ministry of Labor and Social Welfare who can teach courses on the current Official Mexican Standards issued by the labor authority, with the ability to issue training certificates to the SIRCE.