On March 12th,2018, the Official Gazette of the Federation (DOF) published the Guidelines for the enforcement of the coercive measure imposed by the Federal Labor Public Prosecutor’s Office (PROFEDET by its acronym in Spanish), pursuant to the authority granted under Articles 530 Bis and 731 of the Federal Labor Law.
The purpose of these Guidelines is to replace minimum wage with UMA for the application of fines when employers or unions fail to appear in conciliation meetings called by PROFEDET.
Pursuant to the foregoing, PROFEDET on its own or at the request of workers, their beneficiaries or unions, may summon employers or unions to conciliation meetings to resolve their conflicts, under penalty for failure to appear of a fine of up to one hundred times the UMA valid on the date of contempt.
The Guidelines herein referred to become effective on March 13th, 2018. However, it is important to highlight that the procedures that were already in process on the date this Guidelines came into force, will be subject to the regulation effective when initiated, that is a fine of up to one hundred times general minimum wage effective on the date of being find in contempt.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the firm.
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