sensei
06/03/2016

THREE YEARS OF THE LABOR REFORM AND THIRTY YEARS OF THE LAW FIRM DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C.
This November 30, 2015 marks three years of the latest reform to the Federal Labor Law and therefore we considered important to make a reflection on the results and the direction of the same.
As we recall, in November 2012 it was announced the long-awaited labor reform that had been under discussion for over ten years and that would bring the effect of a boost to hiring workers and to the business productivity, translating all the above in a country’s economic growth. It was why the firm Diez de Bonilla, Kuri y Asociados, S.C., in the middle of such month, convened a conference attended by over three hundred people among customers, colleagues and friends, to discuss the momentous points of the reform and, above all, the practical and legal consequences that would entail.
The principal points of the reform consisted particularly in the following: the introduction of the concept of “decent work” in the Law, regulation of “subcontractors” companies, new forms of procurement, simplifying the process to terminate the employment relationship without liability for the employer, the payment limitation of wages fallen in the procedure, the obligation to create a Training and Productivity Commission in companies with more than fifty employees, recognition and regulation of electronic media as evidence in a trial and certain new rights, obligations and prohibitions of both workers and employers.
On the other hand, last October 1st the law firm Diez de Bonilla, Kuri y Associados, S.C. turned 30 years as an established law firm in the field of Labor Law representing the employer sector. In commemoration of the latter and also the anniversary of the mentioned Reform, we take the opportunity of this space to address two issues: first, to make a reflection on the results and direction of such Reform and, second, to mention the contribution of all those who conform this law firm, whose efforts, dedication and, above all, love for the profession and field, contribute to labor justice.
Three years after the most recent Labor Reform, the important thing is to make an analysis of the results and, above all, to determine whether the purpose mentioned in such Reform is met or can be met. Unfortunately the answer is far from yes, something that was expected by many not to be pessimistic but facing reality.
The heart of the Reform is the introduction of the concept of the dignity of work. We have already overcome the concept of better wages or better working conditions, now it is something else. Decent work, of course that means better wages, better working conditions, do more with less, but the livelihood of all this will be in training. The essence is in having more useful, more knowledgeable, more servers to the other workers and, thus, with this utility will be given to human beings a sense of belonging, a sense of usefulness and value. When you hear, for example, that a production line is replaced by machines, it should not be seen as discrimination of the worker, but on the contrary it is giving priority to a function that is unfit for human if not for machines. The man does not do repetitive and mechanical acts, but it is a creative being. That creative nature must be instructed and formed. That’s where the employer sector must provide and require these that its investment is precisely in the human resources to actually become in a human capital. By having trained, useful and valuable workers, there will be better wages, better working conditions and even the concern for the rights to the stability of the worker would be overcome, now rather the concern would be that the worker, for its high level of training, do not go to work for the competition.
Therefore, the construction of the legal world should aim for man by man, where the rules are to encourage that growth. This is the heart of the Reform. Obviously that is not resolved by a decree, requesting that the law per se comply wit it would be absurd. It has to be all the actors who should promote this culture of training which, it is emphasized, can not be seen as a cost but as the best investment. For this, the law gives us vehicles, such as the Training Program, teach the worker what he can not do under the superior category and train him, that is now, according to what he knows, teach new techniques, improve his knowledge. Unfortunately, under the current legal context, protector of the working class, this has been seen as an obligation of the employer and not also of the worker, although the law states that it is of both, because, for example, it would never be possible to dismiss a worker for refusing to take courses or not approve them and, on the other hand, the employer that does not provide training will be punished with fines, having to provide training in working hours so that is not considered overtime, etc. All this undermines the concept of training, as well as the employer bets on training workers, the worker should also, for example, strive to do it in its off hours, so that there is equal justice.
Moreover, new types of contracts are plausible. That there is a trial or initial training period, does not mean that it is affecting the stability of the worker, but, on the contrary, favors it, since as to have workers on probation and initial training instruction it is required, and it is precisely what is intended, that workers are trained.
It is also recognized, the fortunate by regulating the system of subcontracting and that these type of companies are limited to specialized work, that is to say, outside the main purpose of the contractor, which has its logic in that it will not be on the interest of the contractor the human development of these specialized workers, what is required is the service of the specialized company that already trained such workers.
The Reform, therefore, broke certain paradigms, now we have to move towards a new labor culture. Work that the firm, Diez de Bonilla, Kuri y Asociados, S.C., in these thirty years has done through the provision of a new culture different from that already surpassed class struggle or the right to protect working-class, but now rather, a culture of a labor law that will safeguard the work, as activity, protecting both who receives it and who provides it, enriching both parties.
Diez de Bonilla, Kuri y Asociados, S.C. is one of the main firms in the field of Labor Law in Mexico, which was founded in 1985 by Jose Antonio Diez de Bonilla Altamirano and Alfredo Kuri Monterrubio, the first, an enthusiastic advisor on the field, with great experience in the collective world of labor law, participating in numerous collective bargaining, and sensitive to business problems whose purpose is not the detriment of human capital, but always seek alternatives for growth thereof, with a view to productivity; the second of them, attorney dedicated with dedication and passion to his profession, with years of experience in litigating of labor cases, recognized professional in every one of the halls of the Labor Courts, both by authorities and by litigants and who day by day seeks justice in each of the issues he represents.
As associates of the firm are Raymundo Calva Merino, Noemí Weil Borg, Luis Diez de Bonilla Martínez, Roxana Ruz Carrillo and Jorge Rodero Ponce de León, all under the same passion, enthusiasm, dedication and conviction to bring to the field innovative issues, daring to break paradigms and impractical concepts tot this day, along with a team of lawyers and law clerks that form par of the firm and that every day in Mexico City and throughout the interior of the Republic represent the principles of the law firm.
The interest of the firm has always been preventive counseling routing their clients to seek harmony of worker – employer relations within the company and avoid any labor dispute and the imposition of sanctions under labor regulations. The areas of advice are directed at the field of recruitment of workers, termination of labor relations, workers’ benefits, profit sharing, health and safety, Internal Work Rules, training, as well as reviewing the collective bargaining agreements. Also, they have great prestige in the attention of judgments in labor matters throughout the Mexican Republic, attending any claim or complaint filed before any of the Labor Authorities. His work practice in all states of the Republic is constant, and therefore they have great recognition and prestige in various places.
The firm has more than 300 clients ranging from private sector companies and public sector. This is the case of companies like Banco Nacional de Obras y Servicios Públicos, Comisión Federal de Electricidad and Petróleos Mexicanos, in which in addition to the attention of labor lawsuits of the latter, we have been involved in issues such as the negotiation of change of the General Work Conditions, in force to this date, in BANOBRAS, as well as the strategy and implementation of the closure of Luz y Fuerza del Centro, advising CFE, and the review of the Collective Bargaining Agreement and the Internal Work Rules governing PEMEX to implement a new scheme in the Retirement Plan. Additionally, we have advise and represent for free, Foundations and Private Welfare Institutions, as the case of Fundación Teleton, Fundación John Landon Down and Fundación Ellen West, work that the firm has been doing since the creation of the same by the professional and human experience which implies contributing in such noble purposes pursued by them.
Now, in conclusion, there is no doubt that the labor reform has not met its purposes, but there is a path laid out under a new goal: the dignity of work, with all that this implies. We will then have to walk this path to generate the desired work culture to which the firm Diez de Bonilla, Kuri y Asociados, S.C. is added to achieve.

THREE YEARS OF THE LABOR REFORM AND THIRTY YEARS OF THE LAW FIRM DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C.
sensei
06/03/2016
This November 30, 2015 marks three years of the latest reform to the Federal Labor Law and therefore we considered important to make a reflection on the results and the direction of the same.
As we recall, in November 2012 it was announced the long-awaited labor reform that had been under discussion for over ten years and that would bring the effect of a boost to hiring workers and to the business productivity, translating all the above in a country’s economic growth. It was why the firm Diez de Bonilla, Kuri y Asociados, S.C., in the middle of such month, convened a conference attended by over three hundred people among customers, colleagues and friends, to discuss the momentous points of the reform and, above all, the practical and legal consequences that would entail.
The principal points of the reform consisted particularly in the following: the introduction of the concept of “decent work” in the Law, regulation of “subcontractors” companies, new forms of procurement, simplifying the process to terminate the employment relationship without liability for the employer, the payment limitation of wages fallen in the procedure, the obligation to create a Training and Productivity Commission in companies with more than fifty employees, recognition and regulation of electronic media as evidence in a trial and certain new rights, obligations and prohibitions of both workers and employers.
On the other hand, last October 1st the law firm Diez de Bonilla, Kuri y Associados, S.C. turned 30 years as an established law firm in the field of Labor Law representing the employer sector. In commemoration of the latter and also the anniversary of the mentioned Reform, we take the opportunity of this space to address two issues: first, to make a reflection on the results and direction of such Reform and, second, to mention the contribution of all those who conform this law firm, whose efforts, dedication and, above all, love for the profession and field, contribute to labor justice.
Three years after the most recent Labor Reform, the important thing is to make an analysis of the results and, above all, to determine whether the purpose mentioned in such Reform is met or can be met. Unfortunately the answer is far from yes, something that was expected by many not to be pessimistic but facing reality.
The heart of the Reform is the introduction of the concept of the dignity of work. We have already overcome the concept of better wages or better working conditions, now it is something else. Decent work, of course that means better wages, better working conditions, do more with less, but the livelihood of all this will be in training. The essence is in having more useful, more knowledgeable, more servers to the other workers and, thus, with this utility will be given to human beings a sense of belonging, a sense of usefulness and value. When you hear, for example, that a production line is replaced by machines, it should not be seen as discrimination of the worker, but on the contrary it is giving priority to a function that is unfit for human if not for machines. The man does not do repetitive and mechanical acts, but it is a creative being. That creative nature must be instructed and formed. That’s where the employer sector must provide and require these that its investment is precisely in the human resources to actually become in a human capital. By having trained, useful and valuable workers, there will be better wages, better working conditions and even the concern for the rights to the stability of the worker would be overcome, now rather the concern would be that the worker, for its high level of training, do not go to work for the competition.
Therefore, the construction of the legal world should aim for man by man, where the rules are to encourage that growth. This is the heart of the Reform. Obviously that is not resolved by a decree, requesting that the law per se comply wit it would be absurd. It has to be all the actors who should promote this culture of training which, it is emphasized, can not be seen as a cost but as the best investment. For this, the law gives us vehicles, such as the Training Program, teach the worker what he can not do under the superior category and train him, that is now, according to what he knows, teach new techniques, improve his knowledge. Unfortunately, under the current legal context, protector of the working class, this has been seen as an obligation of the employer and not also of the worker, although the law states that it is of both, because, for example, it would never be possible to dismiss a worker for refusing to take courses or not approve them and, on the other hand, the employer that does not provide training will be punished with fines, having to provide training in working hours so that is not considered overtime, etc. All this undermines the concept of training, as well as the employer bets on training workers, the worker should also, for example, strive to do it in its off hours, so that there is equal justice.
Moreover, new types of contracts are plausible. That there is a trial or initial training period, does not mean that it is affecting the stability of the worker, but, on the contrary, favors it, since as to have workers on probation and initial training instruction it is required, and it is precisely what is intended, that workers are trained.
It is also recognized, the fortunate by regulating the system of subcontracting and that these type of companies are limited to specialized work, that is to say, outside the main purpose of the contractor, which has its logic in that it will not be on the interest of the contractor the human development of these specialized workers, what is required is the service of the specialized company that already trained such workers.
The Reform, therefore, broke certain paradigms, now we have to move towards a new labor culture. Work that the firm, Diez de Bonilla, Kuri y Asociados, S.C., in these thirty years has done through the provision of a new culture different from that already surpassed class struggle or the right to protect working-class, but now rather, a culture of a labor law that will safeguard the work, as activity, protecting both who receives it and who provides it, enriching both parties.
Diez de Bonilla, Kuri y Asociados, S.C. is one of the main firms in the field of Labor Law in Mexico, which was founded in 1985 by Jose Antonio Diez de Bonilla Altamirano and Alfredo Kuri Monterrubio, the first, an enthusiastic advisor on the field, with great experience in the collective world of labor law, participating in numerous collective bargaining, and sensitive to business problems whose purpose is not the detriment of human capital, but always seek alternatives for growth thereof, with a view to productivity; the second of them, attorney dedicated with dedication and passion to his profession, with years of experience in litigating of labor cases, recognized professional in every one of the halls of the Labor Courts, both by authorities and by litigants and who day by day seeks justice in each of the issues he represents.
As associates of the firm are Raymundo Calva Merino, Noemí Weil Borg, Luis Diez de Bonilla Martínez, Roxana Ruz Carrillo and Jorge Rodero Ponce de León, all under the same passion, enthusiasm, dedication and conviction to bring to the field innovative issues, daring to break paradigms and impractical concepts tot this day, along with a team of lawyers and law clerks that form par of the firm and that every day in Mexico City and throughout the interior of the Republic represent the principles of the law firm.
The interest of the firm has always been preventive counseling routing their clients to seek harmony of worker – employer relations within the company and avoid any labor dispute and the imposition of sanctions under labor regulations. The areas of advice are directed at the field of recruitment of workers, termination of labor relations, workers’ benefits, profit sharing, health and safety, Internal Work Rules, training, as well as reviewing the collective bargaining agreements. Also, they have great prestige in the attention of judgments in labor matters throughout the Mexican Republic, attending any claim or complaint filed before any of the Labor Authorities. His work practice in all states of the Republic is constant, and therefore they have great recognition and prestige in various places.
The firm has more than 300 clients ranging from private sector companies and public sector. This is the case of companies like Banco Nacional de Obras y Servicios Públicos, Comisión Federal de Electricidad and Petróleos Mexicanos, in which in addition to the attention of labor lawsuits of the latter, we have been involved in issues such as the negotiation of change of the General Work Conditions, in force to this date, in BANOBRAS, as well as the strategy and implementation of the closure of Luz y Fuerza del Centro, advising CFE, and the review of the Collective Bargaining Agreement and the Internal Work Rules governing PEMEX to implement a new scheme in the Retirement Plan. Additionally, we have advise and represent for free, Foundations and Private Welfare Institutions, as the case of Fundación Teleton, Fundación John Landon Down and Fundación Ellen West, work that the firm has been doing since the creation of the same by the professional and human experience which implies contributing in such noble purposes pursued by them.
Now, in conclusion, there is no doubt that the labor reform has not met its purposes, but there is a path laid out under a new goal: the dignity of work, with all that this implies. We will then have to walk this path to generate the desired work culture to which the firm Diez de Bonilla, Kuri y Asociados, S.C. is added to achieve.