Presentacin de PowerPoint

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MEXICAN LAW
GLENN MCBRIDE

• www.mexicanlaws.com

Mayo 2006
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Mexican law

• Basis
• Government
• Terminology
• Labor Health and Safety
• Environment
• Immigration - Visas Nationality
• Selling your products in Mexico
• Suggestions

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Constitution of 1917

• Individual guarantees
• Liberty, equality, property,
• Legal Security
• Social guarantees
• Democratic Federal
• Representative Republic
• Reforms

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Constitution of 1917
Social guarantees

• Art. 27. Land, subsoil, waters, and natural
  resources belong to the Nation

• Art. 123. Labor rights

• Federal Labor law
• Health and Safety

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Mexican law
SENATE
4 PER STATE
CONGRESS
DIPUTADOS
500
GOVERNMENT
EXECUTIVE
CABINET
SUPREME COURT
JUDICIAL
FEDERAL JUDICIAL COUNCIL
ELECTORAL COURT
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Executive power
CABINET
SECRETARÍAS
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Executive power
SEGOB SECRETARY OF GOVERNMENT
SHCP - SECRETARY OF FINANCE AND PUBLIC CREDIT
SRE - SECRETARY OF FOREIGN RELATIONS
SE - SECRETARY OF ECONOMY
STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
SCT - SECRETARY OF COMMUNICATIONS AND TRANSPORTS
SEMARNAT - SECRETARY OF ENVIRONMENT AND NATURAL
RESOURCES
SENER - SECRETARY OF ENERGY
SSA SECRETARY OF HEALTH
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Executive power
SEGOB SECRETARY OF GOVERNMENT
SHCP - SECRETARY OF FINANCE AND PUBLIC CREDIT
SRE - SECRETARY OF FOREIGN RELATIONS
IMSS SOCIAL SECURITY
SE - SECRETARY OF ECONOMY
STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
SCT - SECRETARY OF COMMUNICATIONS AND TRANSPORTS
SEMARNAT - SECRETARY OF ENVIRONMENT AND NATURAL
RESOURCES
SENER - SECRETARY OF ENERGY
SSA SECRETARY OF HEALTH
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
CONSTITUTION OF 1917
ART 123 FEDERAL LABOR LAW
LAW
Legislation passed by Congress
Are created by the Cabinet Define the
procedures and enforcement
REGULATION
NOM
Official Mexican Standard
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
NMX
Mexican Standard
DOF
Official Daily of the Federation
IMSS
Mexican Institute of Social Security
INFONAVIT
National Housing Institute
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
FEDERAL LABOR LAW
Based on Art. 123
Federal
Oversight of the STPS
State
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
FEDERAL LABOR LAW

• Labor Contracts
• 8 hour work day
• 48 hour work week
• Overtime
• 12 weeks maternity leave
• Vacations
• Minimum wages

• Aguinaldo
• Training of Workers
• Obligations of Workers
• Social Security
• Disability
• Profit Sharing
• Obligatory holidays

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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
Obligatory holidays

• January 1 New Years day
• 1st Monday in February Constitution Day
• 3rd Monday in March Benito Juarezs birthday
• May 1 Labor day
• September 16 Independence Day
• 3rd Monday in November Revolution day
• December 1 every 6 years
• December 25

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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
Article 123
FEDERAL LABOR LAW
REGULATION FOR HEALTH AND SAFETY
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
REGULATION FOR HEALTH AND SAFETY
The Regulation is the code for Health and
Safety Programs Each section of the Regulation
refers to a specific NOM
The NOMs detail the procedures,
documentation, training and testing requirements
Currently there are 39 Health and Safety
Standards - between 20 and 28 are going to apply
to most Maquiladoras.
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
HEALTH AND SAFETY NOMs
NOM-002-STPS-2000, Safety conditions,
Prevention, Protection and Fire Fighting in the
workplace.
Norma Oficial Mexicana Official Mexican Standard
NOM
002
The number of the standard
STPS
The Secretary of Labor and Social Welfare
2000
Year published in the DOF
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STPS - SECRETARY OF LABOR AND SOCIAL WELFARE
HEALTH AND SAFETY NOMs
NOM-001-STPS-1999, Buildings, Locales,
Installations and Areas in the Workplace.
NOM-004-STPS-1999, Machinery and Equipment
NOM-005-STPS-1998, Handling, Transport, and
Storage of Hazardous Chemicals.
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IMSS MEXICAN INSTITUTE OF SOCIAL SECURITY
SOCIAL SECURITY
Risk premium
Health and Safety Certification
Workers enrolled in the system
Medical attention, disability, retirement
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SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES
SEMARNAT
Environmental law is based on Art. 73 89 of the
Constitution
SEMARNAT is responsible for oversight
LGEEPA General Law of Ecological Balance and
Protection of the Environment
Law of National Waters
General Law for the Prevention and Integral
Management of Wastes
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SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES
SEMARNAT
LGEEPA Regulations
Hazardous Wastes Environmental Impact
Environmental Audit Contamination of the
Atmosphere Noise pollution Ecological planning
Recording of emissions
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SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES
SEMARNAT - REGULATIONS
NOM-001-SEMARNAT-1996 Establishes the maximum
permissible limits of contaminants in the
discharges of wastewaters into national waters
and resources
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SELLING YOUR PRODUCTS IN MEXICO
PRODUCT COMPLIANCE
NOM-050-SCFI-2004, Commercial information
General Labeling Provisions for Products.
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Suggestions
If you are working with a shelter, the shelter
company has the legal responsibility for
complying with the workplace Standards and Labor
Law
But..
You can help avoid problems and make compliance
easier by .
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Suggestions
Assuring that the shipments of materials you send
to Mexico are
Carefully documented with valid Certficates of
Origin MSDS in Spanish Careful inventories of
shipments Quality specifications, manuals,
instructions, etc, in Spanish
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Suggestions

• Training
• Visas FM2 or FM3
• Timely schedules and planning
• Respect and sensitivity to Mexican
  culture and institutions

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• www.mexicanlaws.com

• www.msds-mexico.com