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Essay #2

The document discusses key elements of labor law, including the definitions of an employee and employer. An employee is a person of legal working age who performs paid work for another individual or company. An employer is the person or company that hires employees to do work. The document also discusses trusted employees, who have higher ranks and responsibilities within an organization. Intermediaries are also discussed - they intervene in the employer-employee relationship, such as during hiring. A work agreement outlines the terms of employment between an employer and employee.

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Regina Southard
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74 views2 pages

Essay #2

The document discusses key elements of labor law, including the definitions of an employee and employer. An employee is a person of legal working age who performs paid work for another individual or company. An employer is the person or company that hires employees to do work. The document also discusses trusted employees, who have higher ranks and responsibilities within an organization. Intermediaries are also discussed - they intervene in the employer-employee relationship, such as during hiring. A work agreement outlines the terms of employment between an employer and employee.

Uploaded by

Regina Southard
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ESSAY #2

STUDENT NAME: 1939255 REGINA DIANE SOUTHARD CARRIZALES


PROFESSOR: RAUL REYES VILLARREAL
GROUP: 3CI SUBJECT: LABOR LAW

The objective of this essay is to help define and identify the important topics we addressed in the
last class and the essential characteristics of the elements in labor relations, as well as the
concepts of work and work agreement. In labor law, the important personal elements are always
going to be the employee and employer.
An employee is a person of legal minimum age who provides personal subordinated work or in
other words, performs paid services for another person or company. something that I must note
here is that you must be of legal age to work, if your age is below the legal minimum, your work
may be deemed child labor and may even be illegal unless you have your parents' or tutors'
consent. That is a prohibition and it’s stated in articles 22 and 23 of federal labor law, it says
"children age 14 or less cannot be employed, and all children between ages 15 and 16 will need
authorization by their parents or tutors".
Within organizations there is another type of employee, this is the trusted employee, according to
the federal labor law, they are classified according to the work performed and other factors.
Trusted employees are those with a higher rank and responsibilities within the organization. The
labor law also establishes that the category of trusted worker has to do with their functions, rather
than with the position or place they have within the company, according to article 9 of the labor
law "They are the ones who carry out general tasks of direction, inspection, vigilance, or
supervision, and those that are related to the personal work of the employer within the company
or establishment". What differentiates an employee from a trusted employee is that they do not
have the type of responsibilities outlined above and their positions are in a lower hierarchy within
the organization. Additionally, they do not receive direct instructions from the bosses, but rather
take them from trusted employees or other supervisors. But both trusted employees and others
are protected by the Federal Labor Law, however, being a trusted employee implies greater
responsibility and leadership, therefore, choosing employees to perform these tasks is important
so that the organization can work smoothly and appropriately. The employer is the person or
company that utilizes or requires the work of one or more employees. The employer depends on
the employee to do his or her job well for the success of the company whereas the employee
relies on the employer to treat them fairly and pay them what corresponds to them. That is the
basis of all work relationships, the employee provides subordinate work, and the employer
provides a salary, and if any of these elements are missing there could not be a proper work
relationship.
There is another very essential element that plays an important managing role in the company,
their main function is to represent and bound the employer in all their matters, they are called
employee representatives. This could be directors, administrative staff, managers, or some other
employees. The representative only has as much power as the employer gives him. 3 powers could
be given to the representative which are acts of the domain, lawsuits and collections, and acts of
administration. Acts of domain are all the acts of disposition that the owner commonly must
exercise over his assets. The power for lawsuits and collections includes the power to exercise
actions and defend the employer before the jurisdictional authorities, demand the fulfillment of
obligations, collect any debt, etc.
Another personal element is administrative acts are those that emanate from the Public
Administration and serve as a means or resolution to impose its will in the exercise of
administrative power. Another personal element within labor law that we must address is the

AUGUST 22, 2022, MONTERREY, NUEVO LEÓN, MX


ESSAY #2
STUDENT NAME: 1939255 REGINA DIANE SOUTHARD CARRIZALES
PROFESSOR: RAUL REYES VILLARREAL
GROUP: 3CI SUBJECT: LABOR LAW
intermediaries they are a figure that the federal labor law assigns to be involved or intervene in
the employer-employee relationship, in other words, they are in the middle of said relationship.
They mostly intervene in hiring or some other tasks by the employer and it is important to note
that they will only be considered intermediaries if they do not hire the employees for themselves
and will never receive their commission or payment with the charge to the employee’s payment.
Whenever hiring someone they are given a work agreement, it is an individual employment
contract that grasps the nature of the labor relationship. In it, there should be every detail that
exemplifies the relationship between the employer and the employee, concerning names,
nationalities, genders, marital status, addresses, period of the agreement, duration of the working
day, place, or places in which the employee must work in, day and place of payment, any extra
payment the employer and the working conditions are emptied here. To terminate the work
agreement, both parties must sign stating the reason for the termination of the employment
relationship and stating all payments due for the proper completion of the employment
relationship, including vacations, bonuses, etc., and must be approved by the “Junta de
Conciliación y Arbitraje”.
And finally, the last personal element is the difference that must be established between a
company and an establishment. A company is everything, the entire set of establishments, the
brand, the capital, the production, and/or the distribution of the service or product and an
establishment is a physical place that is part of the company, its place where the merchant carries
out his activities. It is important to emphasize this difference because it can put us in trouble,
especially in the legal and administrative fields.

AUGUST 22, 2022, MONTERREY, NUEVO LEÓN, MX

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