Article 48 Bis Federal Labor Law

For purposes of Article 48 of this Law, by way of example the following shall be considered notoriously improper actions:

I.In the case of the parties, attorneys, litigants, representatives or witnesses:

a)Offering any personal benefit, gift or bribe to officials of the Federal Center for Conciliation and Labor Registration, Local Conciliation Centers or Courts; as well as to third parties of a labor proceeding;

b)Altering a document signed by the employee with a distinct purpose in order to incorporate the resignation;

c)Demanding the signature of blank papers in the hiring or at any moment of the employment relationship;

d)Presentation of notoriously false facts in the labor proceeding, by any of the parties or their representatives, about the wage, the working day or the seniority of the employment relationship;

e)Denying access to an establishment or work center to the court clerk or notifier of the labor authority, when the latter requests to carry out a notification or proceeding. Likewise, refusing to receive the documents relating to the notification ordered by the labor authority when it concerns the address of the corporate name or of the natural person or legal person sought. Also, an infracting conduct is considered to simulate with tax certificates or official documentation of other corporate names, even when they have the same address, with the object of evading the citation to the prejudicial conciliation procedure, the service of process for trial or the holding of a hearing of evidence, and

f)Suing for the title of a collective employment contract without having employees affiliated to the labor union that works in the work center whose contract is claimed.

II.In the case of public officials, the following shall be considered notoriously improper actions:

a)Recording a notification stating that he appeared at the address where he was ordered to carry out the notification, without having appeared at the same;

b)Recording a notification or service of process document without these having been carried out;

c)Omitting to carry out a notification within the term established by the Law or ordered by the labor authority;

d)Deliberately delaying the notification of a conciliation hearing, the service of process of a labor proceeding or any personal notification of the labor procedure, to benefit any of the parties of the procedure or to receive a benefit from any of the parties;

e)Receiving a gift from any of the parties or interested third party;

f)Deliberately delaying the execution of judgments (sentencias) and agreements that are res judicata;

g)Admitting evidence not related to the litigation that delays the procedure;

h)Delaying an agreement or resolution more than eight days beyond the terms established in the law;

i)Hiding case files with the purpose of delaying the proceeding or preventing the holding of a hearing or proceeding;

j)Delaying and obstructing the delivery of the certificate of representativeness without justified cause, and

k)Unjustifiably refusing the employee of a public or parastatal body to receive a notification of a Conciliation Center or a Court, or else obstructing its carrying out, in which case the corresponding Internal Control Body (Órgano de Control Interno) must be notified, independently of the sanctions that are established in this Law.

The conduct is considered grave if the delay is the product of omissions or irregular conducts of the public officials; in these cases, in addition to the sanctions that may be applicable in accordance with the General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas), a fine of 100 to 1000 times the Measurement and Updating Unit shall be imposed on those who result responsible, and the Public Prosecutor's Office must be notified for the possible commission of crimes against the administration of justice.