Extinguished LFC Company

National
The barbarism made reality
Extinguished LFC Company
By: Carlos Damián August 28, 2010
Leader of the union of LFC requests support to independent unions
México.- To have the liquidation last October of the Light and Force of the center (LFC) workers union that was providing of light to the center of the Mexican Republic with 44 thousand working that to until today continue in the limbo and fighting for their ancient source of work, and it is date that the federal government is disintegrating their properties, wasting it little that remains of the federal company.

In this context, are published new statements of the secretary of the work (ST), Javier Lozano, aspirant to dictator that gives orders to the others powers and to which the laws not import to him. He says that not referring to the rights of the working, that the orders of the emperor are in the sense of the fact that Federal Electricity Commission (CFE) is not substitute boss of the extinct Light and Force Company of the Center (LFC).

In the awoken of the blow against LFC, the CFE signed an agreement with the organization "liquidating", the one which would have to "to put at the disposal of CFE the properties of the extinct organization LFC (…) as well as the accessory rights and associated with such properties. Though the properties with those which is lent the service are of an alone collective person that it is the nation, we seeing the matter from the perspective of the subject that contracts and is understood with the workers, value the figure of the substitute boss, because the properties with which were carried out the service were the same them and the own service was not changing of nature.

At no time it must be handled as if it would be a governmental office that the president was disappearing without no explanation. In the regime that is envisaged in the Federal Law of the Work (LFT) this matter is so clear that never was thought about clarifying in its text the situation of the fact that a boss could substitute to other one when was abandoning or sold its company. Must be in the Federal Law of Work (LFT) and that because were needed to solve on the obligations that derive from the duty of quoting to pay the pensions of the workers.

In any event, the definition that gives in this regard they can be taken by analogy upon solving the matter. Upon referring us to the law of the Social Security (LSS), transmitting us to the article 290 that is considered that there is boss substitution when, "I. Exist between the substituted boss and the substitute boss transmission, by any title, of the essential properties affects to the development, with spirit of continuing it. The purpose of continuing the development will be presumed in all the cases". There is no that to forget that the used properties are property of the nation, and that so much the CFE as LFC are property of the nation therefore lend the same service and have the same type of activity.

Upon following reading, "II. In the cases in which the associates or shareholders of the substituted boss will be, largely, the same them of the substitute standard and is tried of the same mercantile draft". The shareholders are the proprietary investing of the business. In this case not it there is because the owner of the properties is the same nation. The property of the public entity does not change the also public organization that substitutes it only. In the two cases envisaged in the definitions of the LSS operates the hypothesis of the substitute boss. Of course not is tried of knowing of the destination of the properties and of the service only, but of the same working that were attending it. In this represents the point exceptional of the matter: it was not suppressed a company so that it did not appear ever and its working would be liquidated forever, but of the simple public entity change that handles the service with the same obligations that the previous.

In a nutshell, it was declared constitutional an openly opposite decree to the Great Letter (CPM); it was annulled against right and against the Constitution (CPM) the collective work contract of the electricians, violating the articles 5 and 123 of the same Great Letter (CPM); it was in danger of violating flagrantly the federal law to the not to give content, fatuously to the substitute boss figure. The fact is that handle to the working electrician as if they would be all criminals their life, and now they alleging the lacking public service of a company property of the nation, is them punished and humiliated to poor people, to correct deficiencies of the own company, as if they would be the owners and managing.

In this case full of ignominy and violation of the human rights. The Mr. Calderon never answered to the claims of the Legislative in the sense of the fact that explained why the company was a barrel without fund that did not gave a good service with its ancient and anachronistic facilities. Forgiving of their offenses, corruption and impunity to its managing and controlling organization of such company, that they would have to be in the jail purging their offenses and thefts to a company of public character. (La Jornada, política, p. 14, 8 de agosto, 2010).