federal agency for labor defense

SECRETARÍA DEL TRABAJO Y

PREVISIÓN SOCIAL

LEY

FEDERAL LABOR LAW

TITLE XI

PROFEDET LABOR AUTHORITY

ARTS. 530-536

BROADENING OF

FUNCTIONS:

1. REPRESENT OR COUNSEL ON

DIFFERENCES AND CONFLICTS ON

LABOR CONTRACTS2. PROPOSE AMICABLE

SOLUTIONS

TITLE VIII

PROFEDET

ARTS. 334

SECT. III

FUNCTIONS:

18 1931AUGUST

111933SEPTEMBER

141999DECEMBER

1 1970 MAY

2 1975JUNE

REGULATIONSLEY

FEDERAL LABOR LAW

REGULATIONS REGULATIONS

7 1929MARCH

CREATION OF THE PROFEDET

AGREEMENT OF THE COMMERCE, INDUSTRY AND LABOR MINISTRIES

1. APPLICATION OF ENFORCEMENT

MEASURES2. CREATION OF THE

TECHNICAL ADVISORY

COMMITTEE

HISTORY-LEGAL FRAMEWORK

2. CONCILIATORY FUNCTION

1. DECENTRALIZEDBODY

FROM STPS

FEDERAL AGENCY FOR LABOR DEFENSESECRETARÍA

DEL TRABAJO YPREVISIÓN SOCIAL

Legal Framework

• In Mexico, the application of labor regulations corresponds to the local and federal authorities, as established by the Constitutional article 123 in its Section “A”, fraction XXXI & 527, 528, & 529 of the Federal Labor Law.

• Given the PROFEDET is a Labor authority, in accordance with article 523 of the Federal Labor Law, it has jurisdiction over the application of the labor regulations of federal competence, according with Article 123, Section “A”, fraction XXXI, & Article 527 of the cited Law.

• On its part, the Enforcement of Labor Justice has its basis on the Federal Labor Law, in Chapter III, Title XI, (Art. 530-536) in which it establishes that the Agency for Labor Defense, through its attorney generals, advises and represents the workers that request the services of the Agency for Labor Defense, free of charge.

• The service is offered to those workers and their unions that request it.

ADVICE CONCILIATION REPRESENTACTION

LEGAL NATURE

1. DECENTRALIZED BODY OF THE STPS

1. WORKING POPULATION AND BENEFICIARIES

1. COUNSEL OR REPRESENTATION OF

THE WORKER, BENEFICIARIES OR

THEIR UNION

COMPETENCE

OBJECTIVES2. FILE RESOURCES IN

DEFENSE OF THE WORKERS

3. PROPOSE AMICABLE

SOLUTIONS

4. OVERSEE THAT JUSTICE

ADMINISTRATION IS PROMPT AND EXPEDITE

2. WORKERS’ REPRESENTATIVE AND GOVERNING BODY

OBJECTIVES, NATURE AND COMPETENCE

2. MATTERS OF FEDERAL COMPETENCE (FRAC. XXXI SECTION A, ART. 123)

FEDERAL AGENCY FOR LABOR DEFENSESECRETARÍA

DEL TRABAJO YPREVISIÓN SOCIAL

What is the role of the PROFEDET within the labor community?

It is a decentralized body of STPS with technical and administrative autonomy. All its services are free of charge. Founded in 1929. In charge of complying at a Federal level, the functions conferred by the Federal

Labor Law, the Internal Regulations of the Secretary and the Regulations Guides and counsels the workers, its beneficiaries and unions on the rights and

obligations derived from the labor and social welfare norms, as well as the procedures and competent bodies available to assert them; it also receives the complaints about non-compliance and violations of the labor and social welfare regulations from the users, summons the actors of the production to reach conciliatory solutions for the conflicts they face, and represents the target population, when they request it at the jurisdictional, administrative bodies, and any other public or private institution, to enforce the actions and resources which correspond with the ordinary way, special even at the appeal trial, until its absolute closing;

460 people collaborate, located in central offices (72%) and in forty eight representative offices ( 28%).

The decentralized body has structure, plans, programs, objectives, and indicators to develop their mission and to establish congruence with the desired position in the future, considering the current referrals of austerity, reasoning and budget discipline.

What are its faculties?

The current rules, apart from other regulations, establish amongst the PROFEDET attributions, the following:

Guide and counsel the workers, its unions, or beneficiaries about the rights and obligations derived from the labor and social welfare laws, as well as the procedures and competent bodies available to assert them;

To perform the planning, programming, organization, guidance control and assessment of its activities, in accordance with the applicable legal norms and regulations issued by the Secretary

To propose the interested parties amicable solutions to settle their conflicts, through the signing of agreements out of trials and making them stand in authorized reports;

To receive from workers, their unions or beneficiaries, the complaints on non-compliance and violations of the labor and social welfare regulations, and in the event, to summon the employers or unions to state their best interest, with warning that in the event of failure to appear, it will be applied, as a coercive measure, a fine up to one hundred times the general daily minimum wage and at the time and place of the non-compliance;

To formulate the corresponding filings to the competent authorities for the non-compliance and violation of the labor and social welfare regulations and with the public prosecutor, the facts that allegedly constitute penal wrongful acts;

To represent the workers, their unions of beneficiaries, when requested, at the jurisdictional, administrative bodies and any other public or private institution, to enforce the actions and resources that correspond in the ordinary way, special, even at the appeal trial, up to its absolute closing;

To coordinate the actions of the Agency with the Labor Defense Agencies from the federation entities, in order to establish common criteria for the better compliance of the responsibilities conferred to them by Law;

To administrate its own accounting; to make, analyze and consolidate its financial statements, as well as to provide the Secretary with the requested information and documentation, and

The others conferred by the legal, regulated and administrative ordainments.

The services provided by the Agency to workers, their unions or beneficiaries will be free of charge, except for the exceptions cases established by Law, by request from the part.

Mission, Vision and ObjectiveMISSION• To provide, free of charge, the services of counseling, conciliation

and legal representation through a professional, honest and efficient service, promoting the prevention culture, privileging the conciliation as a way of expedite solution of the conflicts, and when necessary, the representation of the workers, beneficiaries and their unions, at the labor tribunals.

VISION• To be the federal government’s instance appropriately positioned

at the society and acknowledged by its impartiality and adherence to the law in matters of providing legal justice, with a capacity to transform for the effective defense of labor.

INSTITUTIONAL OBJECTIVE• To provide labor justice in defense of workers in a free, expedite,

honest and warm manner.

DIRECTORATE OF

PROCESS

CONTROLSOUTH ZONE

DIRECTORATE OF

PROCESS

CONTROLSOUTH ZONE

FEDERAL AGENCYFEDERAL AGENCY

COUNSEL AND TECHNICAL SUPPORTASSISTANT GENERAL AGENCY

COUNSEL AND TECHNICAL SUPPORTASSISTANT GENERAL AGENCY

CONCILIATION AND DEFENSEASSISTANT GENERAL AGENCYCONCILIATION AND DEFENSE

ASSISTANT GENERAL AGENCYFOREIGN AFFAIRS

ASSISTANT GENERAL AGENCYFOREIGN AFFAIRS

ASSISTANT GENERAL AGENCYADMINISTRATIVE

GENERAL SECRETARYADMINISTRATIVE

GENERAL SECRETARY

DIRECTORATE OF

COUNSEL AND

BONDING

DIRECTORATE OF

COUNSEL AND

BONDING

DIRECTORATE OF

CONSULTATION

AND TECHNICAL

SUPPORT

DIRECTORATE OF

CONSULTATION

AND TECHNICAL

SUPPORT

DIRECTORATE OF

LEGAL

REPRESENTATION

DIRECTORATE OF

LEGAL

REPRESENTATION

DIRECTORATE OF RESOURCES AND

APPEALS

DIRECTORATE OF RESOURCES AND

APPEALS

DIRECTORATE

OF PROCESS

CONTROL

NORTH ZONE

DIRECTORATE

OF PROCESS

CONTROL

NORTH ZONE

DIRECTORATE OF

PROCESS

CONTROL

CENTER ZONE

DIRECTORATE OF

PROCESS

CONTROL

CENTER ZONE

DIRECTORATE

OF MATERIAL

RESOURCES

AND GENERAL

SERVICES

DIRECTORATE

OF MATERIAL

RESOURCES

AND GENERAL

SERVICES

DIRECTORATE

OF HUMAN

RESOURCES

DIRECTORATE

OF HUMAN

RESOURCES

DIRECTORATE OF PLANNING

DIRECTORATE OF PLANNING

FEDERAL AGENCY FOR LABOR DEFENSE

ORGANIZATIONAL CHARTORGANIZATIONAL CHART

48 FEDERAL AGENCIES AND AUXILIARIES



PREVISIÓN SOCIAL


16

17CENTRAL

ZONE

15

TOTAL48


SOUTHERN ZONE

NORTHERN ZONE

245

12

43

6

3

41

14

1 28

42

31

21

8

29

20

4

19

45

13

15

4034

26

46

7

36

2547

16

22

9

11

23

2

17

37

27

35

18 33

39

30

32

10

44

10

38


PREVISIÓN SOCIAL

48

What is the coverage of the services?

Companies

METHOD

METHOD

1. PREVENTION1. PREVENTION

2. GUIDE2. GUIDE

INFORMSINFORMS

PRIORITIESPRIORITIES

ISSUESISSUES

LEGAL ACTIONTO EXECUTE(APPLICABLE

ARTICLES)

LEGAL ACTIONTO EXECUTE(APPLICABLE

ARTICLES)

OBJECTIVESOBJECTIVES DECISIONMAKING

DECISIONMAKING

WORKER (INTERESTED)

WORKER (INTERESTED)

BENEFICIARYBENEFICIARY

UNION REPRESENTATIVEUNION REPRESENTATIVE

1. IDENTIFY

THE APPLICANT

1. IDENTIFY

THE APPLICANT

BODYBODY

COMPANYCOMPANY

INDUSTRIAL BRANCHINDUSTRIAL BRANCH

2.LOCATE THE

CONSULTATION

2.LOCATE THE

CONSULTATION

QUESTIONINGQUESTIONING

INTERVIEWINTERVIEW

COMMENTSCOMMENTS

FEDERALCOMPETENCE

FEDERALCOMPETENCE

LOCALCOMPETENCE

LOCALCOMPETENCE

TURNSTURNS

INFORMSINFORMS

ISSUESISSUES3.DEFINE THE

PROFILE

3.DEFINE THE

PROFILE

5.DEFINE THE

TYPE OF PROBLEM

5.DEFINE THE

TYPE OF PROBLEM

LABOR LAWLABOR LAW

SOCIAL SECURITYSOCIAL SECURITY

OTHERS:FISCAL, PENAL, CIVIL.

OTHERS:FISCAL, PENAL, CIVIL.


3. COUNSEL3. COUNSEL

PREVIOUS ORIENTATIONPREVIOUS ORIENTATION

PERSONALITYPERSONALITY

PROBLEMSPROBLEMS

DETECT HIDDEN INFO.DETECT HIDDEN INFO.

4.APPLY THE

TECHNIQUESAND/OR

STRATEGIES

4.APPLY THE

TECHNIQUESAND/OR

STRATEGIES


PREVISIÓN SOCIAL

FORMALIZATION OF THE

CONCILIATION MINUTE OR

AGREEMENT

PROPOSALS OF ALTERNATIVES

FOR

SOLUTIONS TO SATISFY BOTH

PARTIES

CONCILIATION: IDEAL MEANS TO SOLVE LABOR CONFLICTS, MITIGATING

EXPENSES, TIME AND LEGAL RISKS

PROGRAM WITH ANTICIPATION

(PREVENT)

ANALYSIS OF THE CONFLICT

NEGOTIATION WITH THE

EMPLOYER (REPRESENTATIVE)

WORKER’S ORIENTATION

INTERVIEW

ROGATORY TO DETERMINE

CONTROVERSY

LOCATE THE PARTS IN CONFLICT

CREATE

CLIMATE OF

CONFIDENCE

AND

RESPECT

ROGATORY TO DETERMINE

CONTROVERSY

LOCATE THE PARTS IN CONFLICT


BY REQUEST OF INTERESTED,

PREPARES LAWSUIT


PREVISIÓN SOCIAL

FOLLOW UPLAWSUIT FOLLOW UP

AGAINST THE WORKER

1. PREFACE

2. BENEFITS

3. FACTS

4. LAW

5. PETITION ITEMS

6. CASE LAW

1. ANALYSES POWERS OF DEFENDANT

2. PREPARES EVIDENCE

4. PRESENTS EVIDENCE

3. MAKES OBJECTIONS

2. PRESENTING HEARINGS

1. EVIDENCE HEARINGS

ANALYSES

APPLICABILITY

OF ACTION

CONCILIATION AND

ARBITRATION FEDERAL BOARD

APPEAL FILING

FEDERATION JUDICIAL BRANCH

COLLEGIATE TRIBUNAL


1. APPROACH

2. OVERRULED VIOLATIONS

ENFORCEMENT

PROCEDURE

OR

FORECLOSURE

IN FAVOR OF WORKER

WORKER’S LEGAL

REPRESENTATIVE


PREVISIÓN SOCIAL

4. LITIGANT

5. PUBLIC WORKER

LEY

1. EXPERT IN LAW

2. ADVISOR

3. CONCILIATOR

PROFILE OF THE ATTORNEY GENERAL FOR LABOR DEFENSE

6. ASSIST. OF LABOR COURTS

7. LABOR AUTHORITY

9. TEAMWORK COLLEAGE

1O. PROTAGONIST NEW LABOR

CULTURE

8. REPRESENTATIVE

PROFEDET

11. PART OF THE LABOR SECTOR


PREVISIÓN SOCIAL

OFFERED SERVICES DECEMBER 2006 – NOVEMBER 2008

SIMPLE ADVICE 10,976FILES 8,807OPINIONS 764CANALIZATIONLETTERS 10,636VERBAL COUNSEL 26,787E-MAIL 4,792TEL. ADVICE 59,659STATE CONSULT. 9,445

GRAND TOTAL 131,866

federal agency for labor defense

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