Labour Law in Mexico


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Mexico not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Mexico, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.




Organized Labour and Politics in Mexico


Book Description

As a consequence of market-oriented reforms and historic shifts in government policy toward labor, the Mexican organized labor movement has declined substantially in size, bargaining strength, and political influence since the 1980s. Democratization has expanded workers' choices at the ballot box, and some unions have bolstered their position by forging alliances with counterparts in Canada and the United States. By analyzing the changes, continuities, and contradictions characterizing labor politics in Mexico, this book contributes to a broader assessment of organized labor's role in contemporary Latin America. Democratization has had remarkably little impact on the state-labor relations regime institutionalized following the Mexican Revolution of 1910-1920. This legal regime both underpins the position of unrepresentative union leaders and grants government officials extensive controls over labor organizations. The combination of weakened unions, unaccountable leaders, and strong government controls fundamentally constrains workers' capacity to defend their interests. This state of affairs--especially the failure to enact progressive labor law reform since democratic regime change in 2000--limits democracy and imposes heavy costs on society as a whole.







Continuity Despite Change


Book Description

As the dust settles on nearly three decades of economic reform in Latin America, one of the most fundamental economic policy areas has changed far less than expected: labor regulation. To date, Latin America's labor laws remain both rigidly protective and remarkably diverse. Continuity Despite Change develops a new theoretical framework for understanding labor laws and their change through time, beginning by conceptualizing labor laws as comprehensive systems or "regimes." In this context, Matthew Carnes demonstrates that the reform measures introduced in the 1980s and 1990s have only marginally modified the labor laws from decades earlier. To explain this continuity, he argues that labor law development is constrained by long-term economic conditions and labor market institutions. He points specifically to two key factors—the distribution of worker skill levels and the organizational capacity of workers. Carnes presents cross-national statistical evidence from the eighteen major Latin American economies to show that the theory holds for the decades from the 1980s to the 2000s, a period in which many countries grappled with proposed changes to their labor laws. He then offers theoretically grounded narratives to explain the different labor law configurations and reform paths of Chile, Peru, and Argentina. His findings push for a rethinking of the impact of globalization on labor regulation, as economic and political institutions governing labor have proven to be more resilient than earlier studies have suggested.




Labour and Employment Compliance in Mexico


Book Description

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook - focuses on the relevant laws and regulations in Mexico. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Mexico on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.




From South Texas to the Nation


Book Description

In the early years of the twentieth century, newcomer farmers and migrant Mexicans forged a new world in South Texas. In just a decade, this vast region, previously considered too isolated and desolate for large-scale agriculture, became one of the United States' most lucrative farming regions and one of its worst places to work. By encouraging mass migration from Mexico, paying low wages, selectively enforcing immigration restrictions, toppling older political arrangements, and periodically immobilizing the workforce, growers created a system of labor controls unique in its levels of exploitation. Ethnic Mexican residents of South Texas fought back by organizing and by leaving, migrating to destinations around the United States where employers eagerly hired them--and continued to exploit them. In From South Texas to the Nation, John Weber reinterprets the United States' record on human and labor rights. This important book illuminates the way in which South Texas pioneered the low-wage, insecure, migration-dependent labor system on which so many industries continue to depend.







Law and Employment


Book Description

Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.




International Employment Law: The Multinational Employer and the Global Workforce


Book Description

An insightful survey of the legal issues, both national and international, that affect the cross-border employment relationship today. Essays by practitioners from North America and Europe offer prudent procedures-and warn of pitfalls-in such areas as hiring and firing, expatriate employment issues, the extraterritorial effect of domestic employment laws, corporate codes of conduct, employee benefits in the multinational corporation, and employment issues in international business transactions and trade agreements. Published under the Transnational Publishers imprint.




A Global Labour Law


Book Description

This book explores the prospects of a global labour law system. Global labour law is understood as a still non-coherent set of norms that at different levels and with different legal effectiveness regulate legal labour relations, promote respect for fundamental social rights, and condition the behavior of the multinational enterprise, from a social justice and sustainability perspective. The book deals with both international labour law and regulatory instruments of different kinds, such as social clauses in international trade treaties or corporate codes of conduct, transnational collective bargaining, and EU directives on due diligence. This complex normative “system” is partly reconstructed and partly subjected to critique, with the aim of producing a hybrid handbook in which the elements of normative knowledge are accompanied by problematic reasoning about the forms, contents and purposes of a possible global labour law. The book will be of interest to academics, researchers and policy-makers working in the areas of Labour Law, Employment Law, International Human Rights Law and Social Justice.