CONCILIATION AND ARBITRATION BOARD
This is the figure making decisions on labor lawsuits. This figure is not related to the judicial system in Mexico, therefore no judges are part of them, instead, the President of the Republic and Governor of the correspondent State correspondingly, through the Secretaria del Trabajo y Prevision Social are the ones involved in the correct development of this board´s job. The boards are made up of members that represent the traditional two parties in conflict (employers & employees) and a representative of the Government. The number of representatives vary according to the number of cities that each board office is assigned to to deal with. However, the representative of the Government is always only one for each Board.
As stated in law, the Board job is to take care of the the “resolution of labor conflicts that come up between employees and employers, just between employees or just between employers, as a result of the labor relationships or other issues closely related to these”
Mexican labor law is traditionally employee protective, therefore, it is obligation of the employers to prove in a lawsuit: the salary paid to the employee, the payment of Christmas bonus, vacation, vacation bonus, the existence of a contract, etc., whereas the employee normally is just obliged to prove the existence of a labor relationship.
Within the Conciliation and Arbitration board there is an organism called Procuraduria de la Defensa del Trabajo which prupose is to provide employees with free legal advice regarding any labor issue they may have.
Mexican labor law is not that complicated though. It leaves a lot of things to the agreement of the parties. Decisions on specific labor relationships may be taken and stated in a written document so that they bind the contracting parties to what they voluntarily agree. It is essential that the agreements entered by employees and employers do not envisage conditions that are below the minimums established by law such as: minimum salary, benefits that employees are entitled to, minimum salary, benefits employees are entitled to, maximum working day maximum working day, official non working days and general obligations of employers and employees.
It is advisable for all of us involved in a labor relationship to keep this general information in mind in order to fulfill our duties and demand our rights avoiding considerable trouble.
More information related to this subject may be find in the following address:
Atty. Ana Elena Andrade