Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic that will be discussed today will be, a little procedural again, now of the workers in the service of the state, being the public entities (government agencies), the employers now being bureaucratic labor law changes the authorities imparting justice, since unlike the labor lawsuits of individuals, these processes should not and much less has to exhaust the preliminary conciliation stage of conciliation. This means that the trial begins directly with the filing of the lawsuit and the summons and notification to the defendant entities, which makes it known that the body in charge of overseeing such processes is the Federal Court of Conciliation and Arbitration, in the State in each of the federal entities of the country, and as there are also federal agencies, the Federal Court of Conciliation and Arbitration is in charge of these processes.
From the aforementioned, with in the preceding lines; now the comments are made; As you well know, a worker is a person who provides a personal and subordinate service to a company or individual, in exchange for a salary remuneration, in view of this, although the Federal Labor Law states that a “trusted” worker is all those who have a degree of trust by the employer and exercises functions of direction and command in the work sources, now, in the particular government agencies, such workers regularly hold positions of (directors, managers, department heads, subdirectors, or undersecretaries), to mention a few. In such a way that each one of them has such degree for periods of time that lasts the governmental management in the case of the city councils, or mayorships of three years and of state or federal government of six years, according to the federative entity in the case of the states of the country, now well true is that the case of our state of tabasco as in any entity of the country exists the Law Of the Workers to the Service of the State law that is applied before the H. In the case of our state of Tabasco, as in any other state in the country, there is a law that applies before the Courts of Conciliation and Arbitration, and in a supplementary manner, the Federal Labor Law applies to the procedure, and in particular, said law states that “trust” workers, given their position, do not have labor stability in their employment. However, this does not mean that if in the case that the workers, at the end of their term of office, continue in the service of the entity, then the figure of trust is transformed procedurally and this causes them to acquire rights as the fellow workers, who have a contract that is not considered of trust to the effect that if it is the case that an illegality is exercised to terminate the employment relationship, they can go to the aforementioned instances for the claim of payment of benefits acquired during all the time that the employment relationship existed between the parties.
So much for this week's comments, we'll see you next week...
