Zona Franca

Alex101 · #1 10-21-2005, 04:07 PM

Hey, Guys!

I just had a very unpleasant experience with the secretaria de trabajo.
May be any of you have the experience to share.

I am managing a factory in Zona franca. A couple of weeks ago we changed the regular day we are supposed to work on for Friday which is usually a 135% in this factory. The change was made because of religious reasons. 4 out of 150 workers didn’t agree to the change, so we decided they should come on the original day and be here in order to get the money for the day, which they didn’t.

After escalation of events, when we didn’t pay , they called representative of secretaria de trabajo, that basically told me I have to pay them anyways.

Does it mean that no meter what happens the worker is always going to be right?

HOWMAR · #2 10-21-2005, 05:19 PM

I'm not sure I understand the events you are trying to explain. But, according to Article 152 of the Labor Code you have the right to modify the work schedule. We have never had dificulty switching employee schedules and shifts with proper notice to the employee and proper compensation for overtime and night differential. Why is Friday a 135% day? Are you exceeding 44 hours in Monday-Thursday?

Chris · #3 10-21-2005, 05:50 PM

Quote:

Originally Posted by Alex101

Does it mean that no meter what happens the worker is always going to be right?

Yes!

But you could also discuss such a change with your local office first. They are more helpful if you include them in your decisions - even for four people....

HOWMAR · #4 10-21-2005, 06:26 PM

Quote:

Originally Posted by Chris

Yes!

But you could also discuss such a change with your local office first. They are more helpful if you include them in your decisions - even for four people....

I agree, especially when you want to terminate an employee. Sit down with the Labor Dept. representative and get their OK before you act. In the cases where we have been taken to court, the judge sided with the ruling that the Labor Dept rep. gave us. Documentation is the key in all aspects though. Everthing the employee does and is told must be documented and the documentation filed witht he Labor Department immediately, even if you never plan on acting on it.

Fabio J. Guzman · #5 10-23-2005, 10:41 AM

HOWMAR and Chris are 100% correct.