Internal Labor Regulations

February 27, 2012
Internal Labor Regulations

Internal Labor Regulations are the collection of regulations created by and between the employer and employeerepresentatives for the purpose of regulating the internal labor matters of the company. The Federal Labor Lawestablishes that all Internal Labor Regulations shall contain at least the following: (i) time of arrival and departurefor employees; (ii) time set aside for lunch and breaks during the work shift; (iii) where and when to begin andend the work day; (iv) fixed days set aside to perform maintenance of the premises, machinery, equipment andtools used for work; (v) paydays and place of payment; (vi) regulations for the use of seats or chairs (it should benoted that the Federal Labor Law requires employers to maintain the necessary number of seats or chairsavailable for employees in the workplace); (vii) regulations to prevent labor risks; (viii) instructions for providingfirst aid; (ix) unsafe and hazardous work that should not be performed by minors, if applicable, and protectionthat must be provided to pregnant women; (x) the time and manner in which employees must submit to prior orperiodic medical exams; (xi) the permits and licenses that employees may come to have; (xii) disciplinaryregulations and procedures for their application; and (xiii) any other regulations necessary in accordance with thenature of the each company to ensure maximum safety and order in the performance of work. It is important tonote that the Federal Labor Law provides that a “suspension” as a form of disciplinary action may not exceedeight days, and that the employee shall have the right to be heard prior to the application of any correspondingsanction. Furthermore, such law provides that a Mixed Commission shall be formed, comprised of employee andemployer representatives for the creation of the Internal Labor Regulations, and such shall be submitted to thecompetent Conciliation and Arbitration Board for approval. It is highly recommended that employees sign someform of document acknowledging receipt of the Internal Labor Regulations so that such Regulations may beapplicable to them. Without this acknowledgment, employers may not impose sanction greater than thoseestablished by the Federal Labor Law. In conclusion, it should be noted that the Federal Labor Law does notrequire companies to have Internal Labor Regulations and does not provide a sanction for failure to have such.However, companies may not sanction their employees if they have not properly recorded their regulations withthe corresponding Conciliation and Arbitration Board, or if they do not have a written policy signed by eachemployee establishing the rights and obligations that will regulate the relationship between the company and itsemployees.

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