It fights for the labor injustice

National The comparative study of the Chamber of Deputies points out distances It fights for the labor injustice By: Carlos Damian September 25, 2012 It is necessary to eliminate the Boards of Reconciliation (JCA)for corrupt Mexico. – When the new president is sat down in his presidential seat it will already be approved the new Federal Law of the Work and Enrique Peña Nieto (EPN) his government will begin. This way it affirmed Isaias Gonzalez, leader of the Revolutionary Confederation of Workers and Peasants (CROC, in Spanish), and senator for the PRI. The PAN, already changed the “uncompromising attitude" that it maintained and it accepted to respect the collective rights, for that reason the PRI’s petit committee in the Chamber of Deputies can advance in the discussions to approve the presidential initiative and the Chamber of Senators will make the revisions that are necessary when it is remitted them. It clarified of it will be left the topic of the unions outside, but also some of the proposals about to make flexible the work, as the payment per hours. As for the outsourcing it remarked that “it will regulate and the boss that hires for this régime will be the responsible one direct, without solidarity", at the time that the cases of simulation they will be classified as work crimes. "This law although the present the PAN will be with the opinion of the fraction of the PRI, and certainly of the workers of this country". In another context, we have that the initiative of the PAN like that of the PRI intends to regulate the outsourcing because at the present time, transnational companies have abused of this model. As regards labor authorities the three initiatives propose the elimination of the boards, so much Federal as Local of Reconciliation and Arbitration (JCA); PAN and PRI intend that specialized authorities remain, being created this way the conciliatory officials. The PRD seeks them to act as labor judges. The three initiatives incorporate like causes to cease the contract, with responsibility as much for the boss as for the worker,-as it is the case of who has made the illicit one -, the sexual harassment, and it highlights the initiative of the PRD to incorporate the figures of moral harassment and labor violence. For what corresponds to the infantile work the PAN it looks for to prohibit the recruiting of children than 14 years; the PRI to eliminate it collide minima and maxima of age for their recruiting, and in the case of the PRD, the prohibition of using children in works that they stop their obligatory education. Through the well-known initiative as Lozano Law, the PAN tries to promote the disappearance of the unions of occupations and when the breakup of a union that the goods are distributed among those unionized happens. As regards responsibility and sanctions the initiatives of PAN and PRD define the repetition concept and in both the quantities of the tickets and derived sanctions are increased from the violations to the work norms made by the bosses as for the workers. The lies of the labor reformation The exhibition of reasons and the propaganda that it is made in favor of the cheat and harmful labor reformation contrast severely with the reality and they deceive to the citizenship. Let us see some lies of those that repeat until the fatigue to deceive us and to lies us in the face. In fact it is a structural reformation, and the initiative maintains the bad habits and limitations of the current model of work relationships. It doesn't modify the system of justice sustained in partial and inefficient tripartite organs, like they are the Boards of Reconciliation and Arbitration. It doesn't play for anything the corporate control; and in any event, it displaces it more to the managerial sector; it doesn't generate conditions to improve the wage and it strengthens practical corrupt of effective simulation. It doesn't favor in the immediate thing to the growth of the employment and it impels the competitiveness. There are not indications that credit that the initiative favors these goals. They hide the evidence that they are factors of economic order those that influence in the employment creation, as the investment and the economic growth. It has also been demonstrated that the statements related with this end don't have sustenance some, on the contrary, it is noticed that in general the international experience of proposals sustained in promoting the lack of these will only produce more poverty, inequality and it become inflamed social. The benefit to the workers doesn't leave for any side. It is evident that a wild outsourcing, without balance factors, a new contract figure for hour subject to the boss' discretionarily, a bigger managerial control of the workers and the reduction of the protective character of the law will never be able to understand each other as favorable to people that work. A bigger labor injustice is glimpsed, since with the proposal it is loaded on the shoulders of the workers the slowness of the trials for unjustified dismissed, increasing the delay; that this way without defense some will be the workers, and they will be forced to accept reduced compensation payments, before the scenario of waiting six or seven years to be entitled to receive, in the best in the cases, only a year of wages. That this way without defense some will be the workers that didn't receive for the delay of the Boards. In spite of the convocations that it has had the Supreme Court of Justice, in the way of solving in short periods the controversies, the Federal Executive opted to ignore this demand and to punish the workers with a responsibility that is applicable to the State. In fact this modification to the LFT (in Spanish), doesn't change, neither has it regulated the outsourcing to avoid abuses. In the terms that it thinks about the reformation it legalizes the bad habits that exist, transforming to the work into disposable merchandise, private of superior rights to the minima and it disables to exercise collective rights that allow negotiating the work conditions. In a tricky way, it omits that the basic rights are only guaranteed, and when impeding their regulation, it causes that this exceptional form of recruiting, be only justified for complementary or specialized activities, and it becomes the general rule. In this string of deceits, the labor figures are stumped: the responsibility of solidarity, supposed surveillance on the subcontractor, hides that the beneficiary is the boss that should include a special registration of subcontractors and the explicit participation of the labor inspection on the part of the State in the event of simulation. (La Jornada, economía y justicia social, p.p. 5-18, September 22, 2012).