LEGAL TIPS

  Labor Unions

In most cases, unions are in place to protect the employee, to help with labor disputes, health coverage, rights, etc.

 

One of the services they help provide is IMSS (Mexican Health) to the employee. The employee will have the employer meet with the union to make the arrangements to have the employee covered. The employer will then pay the union for this coverage, and the union in turn will obtain the coverage. In all the cases we have seen, the employer has paid up and over $6000 pesos.

 

Now lets address this issues in the above paragraph. If an employee, such as a maid, has multiple employers, it has been commonplace for the union to charge EACH employer the full amount mentioned above. To get IMSS coverage for an employee costs $4431 pesos, which also covers said employee’s family. Multiply this by 2, 3, or 4 employers; this can total a hefty amount. IMSS only requires the one fee.

 

The union will also sign the IMSS papers on the behalf of the employer, stating that they have a contract with IMSS to provide this service. This statement is false. IMSS has no agreements with any union or similar organization. The only agreements can be with an individual or the employer, which makes these contracts the union provides, illegal.

 

If you are faced with a labor dispute, such as needing to pay severance to an employee, the union will also help the employee with this. This also involves going to meet with the employee and the union representative at the union office. From our trips to this office accompanying clients that have asked us for assistance, the union representatives has always asked for too much money according to the laws governing severance. While asking for this money, they threaten to take the employer to court if they don’t pay the specified amount, scaring some people into blindly paying. When we have confronted them to provide their calculations for these amounts, they have refused to show them to us.

 

In a few occasions, we have agreed, with the clients consent to pay the full amount, but to pay it in front of a Judge for it to be legal, and the issue to be closed permanently. Again, they refused. Why? Are also afraid of the Judge finding out they are charging too much? We are not entirely sure. Make sure you have these matters paid for in front of a Judge. If not, you may liable again down the road for the same issue with a different union or the Labor Board.

 

All the examples mentioned above are worse case scenarios, but they seem to be happening with an increased frequency. We urge you to know these facts, and to seek help if someone is trying to take advantage of you. Individuals sometimes try to prey on your fear, threatening court and lawsuits.

Back to LegalTips Menu

Adriana Perez Flores

www.ajijiclaw.com