Presentaci

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ADVISORY MECHANISMS

WORKERS REPRESENTATION
AND UNIONS AT THE
PROFEDET
FEDERAL AGENCY FOR LABOR DEFENSE
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HISTORY-LEGAL FRAMEWORK
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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.

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OBJECTIVES, NATURE AND COMPETENCE
1. DECENTRALIZED BODY OF THE STPS
2. WORKERS REPRESENTATIVE AND GOVERNING BODY
1. WORKING POPULATION AND BENEFICIARIES
2. MATTERS OF FEDERAL COMPETENCE (FRAC. XXXI
SECTION A, ART. 123)
FREE SERVICES
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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.

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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

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• 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.

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Mission, Vision and Objective

• MISSION
• 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 governments 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.

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ORGANIZATIONAL CHART
FEDERAL AGENCY
COUNSEL AND TECHNICAL SUPPORT ASSISTANT GENERAL
AGENCY
CONCILIATION AND DEFENSE ASSISTANT GENERAL AGENCY
FOREIGN AFFAIRS ASSISTANT GENERAL AGENCY
ADMINISTRATIVE GENERAL SECRETARY
DIRECTORATE OF LEGAL REPRESENTATION
DIRECTORATE OF COUNSEL AND BONDING
DIRECTORATE OF CONSULTATION AND TECHNICAL SUPPORT
DIRECTORATE OF HUMAN RESOURCES
DIRECTORATE OF PLANNING
DIRECTORATE OF RESOURCES AND APPEALS
DIRECTORATE OF MATERIAL RESOURCES AND GENERAL
SERVICES
DIRECTORATE OF PROCESS CONTROL SOUTH ZONE
DIRECTORATE OF PROCESS CONTROL NORTH ZONE
DIRECTORATE OF PROCESS CONTROL CENTER ZONE
48 FEDERAL AGENCIES AND AUXILIARIES
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48 FEDERAL AGENCIES AND AUXILIARIES
48
48
TOTAL
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What is the coverage of the services?
12
Companies
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OBJECTIVES
DECISION MAKING
M E T H O D
FEDERAL COMPETENCE
1. PREVENTION
LOCAL COMPETENCE
2. GUIDE
LEGAL ACTION TO EXECUTE (APPLICABLE ARTICLES)
3. COUNSEL
PRIORITIES
ISSUES
INFORMS
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FEDERAL AGENCY FOR LABOR DEFENSE
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FEDERAL AGENCY FOR LABOR DEFENSE
1. ANALYSES POWERS OF DEFENDANT
1. PREFACE
ENFORCEMENT PROCEDURE OR
FORECLOSURE
2. BENEFITS
2. PREPARES EVIDENCE
3. FACTS
3. MAKES OBJECTIONS
4. LAW
5. PETITION ITEMS
4. PRESENTS EVIDENCE
6. CASE LAW
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OFFERED SERVICES DECEMBER 2006 NOVEMBER 2008

• SIMPLE ADVICE 10,976
• FILES 8,807
• OPINIONS 764
• CANALIZATION
• LETTERS 10,636
• VERBAL COUNSEL 26,787
• E-MAIL 4,792
• TEL. ADVICE 59,659
• STATE CONSULT. 9,445
• GRAND TOTAL 131,866