ARTÍCULOS


 

In 2012, “outsoursing” was regulated in the labour legislation. However, in the month of August 2015, Labour courts issued certain criterion determining that articles 15-A 15-d of the Federal Labour Law violate the  Political Constitution of the Mexican United States. Criterion are entitled as follows 

(a) Labour Outsourcing. Articles 15-A, 15-B, C-15 and 15-D of the Federal Labour Law  governing do not violate the principle of legal certainty.

b) Labour Outsourcing. Articles15-A, 15-B, C-15 and 15-D of the Federal Labour Law do not violate the freedom of work.

(c) Labour Outsourcing. Article 15-A, of the Federal Labour Law governing does not violate the principle of legal certainty.

The aforementioned criteria, can be seen as elements to determine that outsourcing in Mexico does not violate the rights enshrined in the Constitution as follows:

The regulation of outsourcing aimed at setting a reasonable legislative measure for the benefit and protection of the rights of workers, and this does not violate the rights acquired by this class.

The labour contract does not violate the right to freedom of work. As it contains a special regulation, forcing the Contracting "employer who decides to channel an area of their production toward a contractor", must meet a minimum of conditions that allow that its activity is conducted with due protection of the labour rights of workers.

Articles 15-A, 15-B, 15 C and 15 D of the Federal Labour Law does not restrict the freedom to work or trade. These freedoms tend to the protection of the right to work of workers, and do so to protect the payment of their wages and other benefits of security.

Finally, the Court will need to deal with topics closely related with the outsourcing. These topics may include the training of workers, the effect that generates the participation of workers in the profits of the companies particularly those workers who are hired by the contractor and provide their services to the contractor.