jueves, 12 de septiembre de 2013

They are collectors of private companies

National The law labor prohibits to the patterns to make deductions for the payment of credits They are collectors of private companies By: Carlos Damian August 17, 2013 It was proven that the discounts are bigger to 30% of the salary Mexico. - the federal government's dependences, among them the one that occupies more personal of all, the Secretary of Public Education, they act as collectors of not bank private financial companies that grant to the workers public unionized loans guaranteed by payroll, practice not allowed by the labor legislation, in accordance with testimonies and official documents. Companies called Financial Societies of Multiple Object (Sofomex), some not regulated by the authority, they are devoted to grant loans guaranteed by the payroll of the unionized workers of public dependences, in a market that moves a loans’ wallet for around 8 thousand 13 million dollars. The payroll credits granted by Sofomes to the federal, state and municipal governments' workers are additional to those that, under the same modality, they have granted the commercial banks to that universe of employees. The discounts are bigger to 30% of the received wage The practice used by Sofomes of lending to the workers with the payroll like guarantee would not have anything of extraordinary. The private banks have made of this credit type the line of bigger growth of their wallet. The different thing is that the own federal dependences, in their quality of employers, discount the payment of the loan before to deposit or to give the salary to their workers. This is a practice prohibited by the labor legislation. The Mexican Association of Companies of Payroll (Ameden) that represent 11 Sofomes with 90 percent from the wallet of loans to employees publics, it assures that the procedure that the government dependence makes the discount and it pays it to the creditor before giving the wage to its workers it is legal, since it should be analyzed under the optics of the mercantile legislation and not of the labor legislation. The article 110 of the Federal law of the Work and the 38 of the Federal law of the Workers to the State’s Service enumerate the only discounts that the employer can make in the payment of the worker's payroll. In both laws it is defined that the discounts will never be able to exceed 30 percent of the amount of the total wage. The boss, in this case the federal and local administrations or in their case of public organisms, they will only be been able to make when it is debts contracted by the worker with the State for it advanced of wages, or of payments made in excess, of the collection of union quotas, or of contributions for cooperatives or saving offices - mutual societies of saving and loan-, of discounts for credits with public organisms of housing (Foviste, Infonavit, etc.), for nutritious pensions ordered by a judge or payment of loans of the housing funds. The federal public workers' testimonies tell us that they receive reduced portions of their wages once the dependence carries out the discounts of loans that hired with Sofomes. It is managed that they are discounts that in total, they add more than 30 percent of the wage, the maximum limit settled down in the law. In several cases, mainly of the teaching’s workers, the discounts that they make the employer are related with credits hired with the guarantee payroll or to pay the acquisition of furniture and other domestic equipment. The worker's decision under the destination of its wage is personal The worker's decision under the destination of its resources is personal. "What is not legal, of agreement with the labor legislation, is that the employers, in this case the government's dependences, make the discounts for bill of the companies that give the loans". When a person requests a payroll credit to a bank the financial institution you charge the payment once the boss deposits the wage in the bill. In the cases of Sofomes that give loans to employee publics, the employer makes the discount of the payment; he gives it to the creditor and the rest to the worker. "The Federal Law of the Work specifies that a boss can only discount certain items, as taxes, social security and others. In their boss character it is not legal that he makes another type of discounts. This has a lot of history, as the boss’ stores: it is to prevent that the boss blindfolds him things to the worker and that at the end this one doesn't win anything". The Sofomes that makes guaranteed loans with the payroll to employee publics carries out the operations aided in the commercial legislation. "The Sofomes makes a pact credit with the employee under a mercantile contract. The payment form is that one makes an agreement with the dependence that can be a State’s secretary, a state or municipal government, so that it grants the easiness to its employee, but not as boss but as organism that governs. It is a command. The boss doesn't remove him the salary, but rather the employee asks it a part of the salary to be dedicated to pay to the grantor of the credit". “Although it seems very subtle, there is difference in the application of the labor legislation and the mercantile one. In the cases of the payroll loans granted by Sofomes the discount that makes the dependence it is not their boss character, but as messenger". The discounts that make the government instances, assured, “they are legal” because “they operate to the help of the mercantile law” and the boss gives easiness to the worker of making the payment on behalf of him". The topic is still, object of controversy. In the opposing testimonies there is information in the way that the subsecretary of the Federal Work, in charge of Rafael Avante Juarez, outlined doubts about the legality of the practice in that a public dependence makes a discount to the wage of a worker to pay the payroll credit, before paying the wage. The Secretary of the Work answered with regard to this observation, but it never gave an answer. Neither the Secretary of Treasury responded in whose subsecretary the topic is also valued that involves several Sofomes whose actions quote in the BMV, or that they have emitted funds or other obligations in the local stock market. "We are informed that there is that position of the Secretary of the Work and Social Forecast, but up to now we have not known it officially, and we have less read it still". The mechanics of collection of the payroll credits granted by Sofomes to employee publics has been declared valid for several judges that have sentenced under cases in that some debtors want to ignore the obligation, precisely with the argument that this discount type is not allowed by the law. En este contexto tenemos a los tres partidos políticos PRI-PAN-PRD, y cuatro partidos acólitos que integran el Pacto por México, que están volviendo a diseñar los principales aspectos del país con mucha trascendencia, y además a algunos de ellos les llaman reformas estructurales. Esto es para Ripley. Hay una Comisión ciudadana formada por gente destacada que están haciendo conciencia para legalizar la marihuana. Para bajar la delincuencia, las muertes de lesa humanidad, obligando a los productores y comerciantes a pagar impuestos. Pero los malpensados es si ellos regalarán carrujos, para los primeros que se inscriban. Los demás se preguntan si ellos van a expresar sus aspiraciones de convertirse en agricultor de este negocio, en caso de que la legislación se autorice. EE.UU, ya tiene 19 estados que lo permiten. The mail of Charly It is not being surprised that in many countries the politicians are considered corrupt next to their organizations politician calls parties or in their case commercial frankness. In many countries the corruption affects from the citizen's birth until it finishes your to lapse in this world. International transparency publishes in the Global Barometer 2013 that, “51 countries with parties politicians are seen as more corrupt institutions” that the police. It is published that Mexico together with Greece and Nepal has to these institutions like the most corrupt. In this context we have to the three political parties PRI-PAN-PRD, and four left acolytes that integrate the Pact for Mexico - coalition of political parties - that returning to design the main aspects of the country with a lot of transcendence, and also to some of them they call them structural reformations. This is for Ripley. There is a civic Commission formed by outstanding people that they are making conscience to legalize the marijuana. To lower the delinquency, hurt humanity's deaths, forcing the producers and merchants to pay taxes. But they wrong thinks everything if they will give the military cigarettes, for the first ones that register. The other ones wonder if they will express their aspirations of becoming farmer of this business, in case the legislation is authorized. The States already has 19 states that allow it. (La Jornada, economia, p.p. 10-20, July 10, 2011).

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