Legal Question in Employment Law in Mexico

Hello,

I have a question regarding an employment contract between the company I am currently employed at and myself.

I am a US hired employee working in a Mexican manufacturing facility as a result of a job transfer from a US based factory that was shut down 3 years ago. The company offered me a position with a guarantee that I would only work 1st shift. My current supervisor recently notified me that he will be requiring me to rotate shifts with other people in my same position. I am refusing to rotate shifts since I signed a contract with the company.

What is my legal standing with the company? Can the company terminate me on account of this? If they decide to terminate me will I be able to sue for a severance package? If I pay Mexico employment taxes will the Mexican law protect my employee rights? Should I seek a Mexican employment lawyer?


Asked on 1/12/10, 10:38 am

1 Answer from Attorneys

Good day. If in your employment contract there is a especific clause that saids that you will be working only in 1st shift then they must comply with that, however if it doesn�t then you must obey the notification cause if you don�t they can taked as cause to be dismissed.

What is my legal standing...? From what I read you work for a US company who payed you in the States before transfer and when you were transfered your salary was payed by a Mexican company: if this is accurate then your only real labor relation (for mexican law) is with the company that pays you.

Can the company terminate...? YES, however it will be very difficult (almost impossible) for them to do it legally according to mexican law (don�t sign anything!)

If they decide to terminate...? Yes you will have legal action to sue in Mexico, and you can even sue both mexican and the american company.

If I pay mexico employment taxes...? Yes.

Should I seek a Mexican...? My lawfirm is established in Tijuana with subsidiaries in all Mexico, were we have our main offices and we have experience in cases such as yours. If you need any more help you can contact me at [email protected] and/or [email protected]

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Answered on 1/12/10, 2:51 pm


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