Recent Jurisprudence – Commission Agents and Employment Law Decision

December 12, 2009
Recent Jurisprudence – Commission Agents and Employment Law Decision

Recently the Second Chamber of Mexico’s Supreme Court published in its Judicial Weekly of the Federation(Semanario Judicial de la Federación) case decision number 2a./J.149/2009 under the heading “MercantileCommissions. Criteria to determine the existence of a labor relationship”. In this regard, Mexico’s highest courtreiterated the legal criteria that subordination is a characteristic element evidencing a labor relationship. In thismanner, the Supreme Court held that the commission agency agreement will be considered as independent, andnot one creating an employment relationship, when the following elements are met: (i) the commission agent hasadequate personnel and resources to carry out its activities; (ii) The commission agent is free to set his own hoursand is not obligated to personally fulfill the agency services; and (iii) the agreement does not confer exclusivity toany of the parties and the activities of the commission agent are carried out in an independent manner.

Share this article:
Administrative Violations
December 12, 2009
by
No items found.
Two New Justices Join Mexico’s Supreme Court
December 12, 2009
by
No items found.

Related Articles

View All
Articles
Link Arrow
No items found.