GUIDELINES for the application of the enforcement
measure included in article 530 Bis of the
ENFORCEMENT MEASURE FOR THE
NON-APPEARANCE WHEN YOU HAVE A NOTIFICATION FOR A
CONCILIATION MEETING AT THE STPS
document is free when you purchase the Labor Law
Major reforms to the Federal Labor Law took effect
on December 1, 2012. One of the new articles was
article 530 Bis which was added to the Law to
address the non-appearance of the employer or union
when they have been notified that a complaint has
been filed. (citatorio)
Today the “GUIDELINES for the application of the
enforcement measure included in article 530 Bis of
the Federal Labor Law” were published in the DOF for
the interpretation and enforcement of the article.
"Article 530 Bis. For carrying out their duties, the
Office of the Prosecutor for Labor Defense can
notify the employers or unions to compromise or
conciliation meetings, warning them that for not
appearing at said hearings, they will have imposed
on them the enforcement measure referred to in
section I of article 731 of this Law.
If the party requesting the service is the party who
does not attend the compromise or conciliation
meeting, the request will be understood as withdrawn
without responsibility for the Office of the
Prosecutor, except when it is verified that a
justified cause existed for not appearing".
Before the reform, if you had a labor complaint (demanda)
filed against you as an employer, you could miss the
first hearing and they would deliver another
notification (citatorio) with no fine imposed. This
new article has not been enforced until now.
According to the guidelines published today, if you
don’t show up to the first hearing, you will be
fined up to 100 times the UMA ($80.40 pesos) or
If the party requesting conciliation does not
appear, their complaint will be considered withdrawn
unless they deliver evidence of a justified reason
within ten days.
Many of us who are attorneys or employers have not
been appearing on the first appearance that is
scheduled. Often a client will call and mention they
have been notified to appear the following day. When
it was inconvenient, we just waited for the second
notification to attend.
The STPS says you will be fined and the fines will
increase if this becomes a repeat offense. If you
are the attorney for the worker, your case will be
considered withdrawn if you don’t show up.
Lic. Glenn Louis McBride
Office tel. (011-52) 664-681-9524
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