LEGAL
TIPS |
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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. Adriana Perez Flores |