Background of Labor Law in Mexico
After seeing opinions from different authors of when it was that the right of labor began specifically in Mexico it reaches the lead that begins in the twentieth century in an immediate way before and after the revolution in the year 1910 to be formed already fully the Constitution of 1917 and from that Constitution is when the legislation to developed its institutions until it reaches the point where it is now.
There is no safe or concrete information of the background before the 1910 revolution only theories can be taken out of it but none that can be confirmed. But it is known that there were two periods of this, one is the pre -colonial period that in general matters speaks of what labor law was in Mexico before the conquest of Spain to Mexico and the colonial that speaks after the conquest, and with the beginning of the country’s independence struggle.
We will begin with the pre -colonial period that, as explained above, it is difficult Specific era and theme is complicated by the lack of information that you have but Castorena explains to us how the Aztec people were divided into two large groups which were the common of the people or also known as masehuals (those fundamental farmers) that was the disinherited class while the nobles and lords were the privileged class that class was constituted by those warriors, priests and merchants, also known as Pochteca.
José de Jesús Castorena makes us see that at that time the Aztecs came to develop a certain union development since each group had different beliefs and therefore they venerated their own divinity and also celebrated their own parties and even that it seems that each group had freedom of Taking their own beliefs and decisions The masehuals were not entirely free in their proportion since they served the privileged classes some examples are the preparation of dresses and buildings of houses but could work freely.
Castorena shows us that for many years there was a subordination since he explains that the people who had a profession were free to go to the market and offer their services and through a contract carried out the people worked under the orders of whom co -contracts for something very similar already in the current.
Another situation that was handled in the Aztecs was the use of slaves, Castorena clarifies that not in the same way in which slaves were treated in European countries because they had more rights. Some types of slaves that were used by the Aztecs were the Mayeques who were the workers in charge of the agricultural and the Tlamemes who were in charge or dedicated to the load.
Different authors coincide with the information provided by the author José de Jesús Catorena does not have much knowledge of other peoples apart from the Aztec people.
Now we will talk about the colonial period a little more current unlike the pre -colonial period. This period arose around 1521 to the year 1821. In this epoco, as in the previous one, it is a bit difficultGuilds.
The Mexican author Mario of the Cave of Indian laws tells us about and how Spain created the legislative monument in a more human way in modern times. Those laws that were inspired by the thoughts of Reyna Isabel la Católica aimed.
Something that the author Mario of the cave tells us quite important is how those laws had very good ideas to a point where they could be used, examples, is the management of salary to the Indians, the reduction of hours of work withA specific determination where the work day is eight hours, weekly breaks, payment of the seventh day, protection of workers’ salary, protection of pregnant women, protection of their health (something very important because they did not consider it before and work inInhuman situations, in places with very little Igiene, among other things).
These laws aimed to improve the lives of the Indian Strabajoderes because they were people who were not enforced as they should, however, this legislation was in force but not positive to represent a victory of the missionaries over the conquerors, but theseprovisions would not work.
Mario de la Cueva gives his point of view in this way “do not exist in the four volumes that the collection is composed of provisions that tend to equal rights between the Indian and the master, but are rather measurements of mercy, actspios determined by the remord of consciences, funny concessions to an overdue race that lacked political rights and that was cruelly exploited.”(Cueva, 2012) He expresses it in a way in which these laws were indispensable and that in a certain way created more because of the fault that were considered to treat the Indians because they lacked political rights and were exploited in a way in a waycruel and inhuman.
On the other hand, the guild order were specifically addressed to the Spaniards and not to the Indians, in these orders the main thing was not the working conditions if not the distribution between the teachers and the ability of the inhabitants of such a city in consumption in consumptionBut this order ceased to be valid before independence, the Courts establish the freedom of work and industry on June 8 in 1813.
The background of Mexican Labor Law.
The background of the Mexican Labor Law is divided into different periods, the first period is from 1810 to 1824 that tells us that in these years very important political documents were carried out not completely related to labor relations but it is important to know to completely understand the background the background.
All this begins with the so -called Hidalgo side carried out by Don Miguen Hidalgo y Costilla in the city of Guadalajara in Jalisco on September 6, 1810 where he deals with the abolition of slavery since he also disagree with the way they treatedTo the Indians.
In 1811 Ignacio López Rayón created the so -called constitutional elements with the same idea of Hidalgo with the abolition of slavery and the union system is formally eliminated.
Then in the Iguala plan carried out on February 24, 1821 by Agusín de Iturbide one of the most important because it is where the independence of Mexico is formally declared and the freedom of work is consisted, of Mexico, a provision is included (thenumber 12), in the sense that "all the inhabitants of him without distinction from his merit and virtues, are suitable citizens to opt for any job"
In the second period that was from the year 1824 to the year 1857
In this period it was the adoption of the federal form of government where there was anteriorly vote call for the form of the Federal Republic on June twelve 1823, a year earlier.
The Constitution of the year 1824 was only in force until 1855 where from that Mexico began a unit regime because it leaves the federal government system.
In the third period of 1857 to the pre -revolutionary time
In the Constitution of 1857, the rights to workers are not specified concretely while in Congress, issues related to Labor Law, Mario de la Cueva, tell us that, “on two occasions it was proposed to theCongress The question of labor law, but its recognition was not achieved, since the absolute value that the defenders of individualism attributed to private property and the influence of the liberal economic school, constituted insurmountable obstacles ”.
In those years it was not possible to create a labor right but was close to doing so, the most that it was possible was to declare the freedom of work in article 50 and write the need to be issued to issue a regulatory legislation that achievedPort workers.
The text originally proposed in article 50 said: no one can be forced to provide personal work, without the just compensation and without its full consent. The law cannot authorize any contract that has as its object the loss or the irrevocable sacrifice of man’s freedom, either because of work, education or religious vote. Nor can it authorize agreements that man agrees his proscription or banishment.
Ideas of work in history
In order to understand a little more the importance of labor law in the current Mexican legal system, we will make the idea of work in history a little clearer because the idea that was had is what was modified and modified until it reached whatthat we currently have.
In the history of work as we could see, we cannot believe that man has lived at some point without working these are some ideas of how from the department the human had to work and how it was modifying the thought and idea thatI had work not only in Mexico but around the world
First you have the idea of work from the Old Testament at the moment when God makes Adan work to get his own food, after he has the thought of the Aristotle philosopher who said that the Lord should only give as he has to send and theSlave should know how he has to obey that if we relate it from the Mexican point of view, this happened with the conquest of the Spaniards to Mexico and the Indians only obey what the Spaniards even told them that they were exploited in their work.
Then comes the corporate regime and the roots that pass through the gildas and brotherhoods, it was said that man was linked to life for life and still transmitted to his children the relationship with coorport, things that happened in Mexico frequently andLet’s not go to such distant times since these situations happened with the people who worked in mines, in agriculture and among other work activities that if Mexico had not been modified would be in crisis.
Turgot asked for freedom of work so that each person could choose what he wanted to work on something that also happened in Mexico at the time of independence.
On the other hand, Carlos Marx saw work as a merchants because he said that the force of work was ideal with the clock and the sugar with the balance while the treaties of Versailles would completely defer with that vision because work was not seen as a merchandise andFinally in the new federal law it is established that work is a social right and duty and that workers must live in a healthy place and with good salary so that he and his family can live well.
After seeing those different points of view that although they are not specifically from Mexico.
The characteristics of labor law
The characteristics of labor law are three, the first are the circumstances of each labor legislation, the second are the conditions of the different countries where labor standards are dictated and third the ideological point of view that each expatitor has.
Importance of labor rights
To talk about the importance of labor law in the Mexican legal system we will continue with the importance of labor human rights
Human rights have a close relationship with the dignity of the person against the State.
Labor human rights establish that they have as its purpose or objective that all human beings regardless of their race, their beliefs or sex have the right to pursue their material well -being and also their spiritual development in conditions of human freedom and dignity, of security of a securityEconomics and with equals of Portuities for the workers and their rights that must be fulfilled and respected.
Labor Human Rights have recognized as a unique universal holder to the person (the worker), in order to respect his human dignity and meet their basic needs in workplace. Labor rights are part of the fundamental rights and are arranged in the superstructure of the Constitution and International Standards.
This type of law has two specific and nonspecific classification.
The specific ones are those human rights that are contained in the legal systems and these are directed exclusively to the workers while by the nonspecific they are not found in the legal labor systems such as the specific ones and these can be subjective or inherent norms in the person whoThey rigid her in any field or situation of her life.
The sphere of broad labor rights because the worker not only enjoys the rights attributed to him of work but also of those who are inherent as a person and/or citizen as protection and safeguards.
The Declaration of Human Rights carried out in 1948 includes the set of labor rights (Liberty Right).
Right to quality of life at work
The right to quality of life at work has the purpose of giving greater humanization of work, so that the worker can locOrtganization more effective, democratic and participatory, not only with their partners but also with your boss. It also has as an end that can meet the needs and demands of your family and have an opportunity to develop in the professional and personal field.
“The quality of life at work is important because it reflects the set of actions and factors that have an impact on the workers’ so, that is, in the complete state of physical, mental and social well -being in relation to work and not only theabsence of disease or ailment of labor origin (Salanova, 2009). Recently, the worker’s quality of life has taken greater importance for the continuous and growing demands that companies in the environment have, since it has an impact on greater demands and demands for workers (Bagtasos, 2011)."
Work environmental factors
The factors are divided into two, the first in the right to conditions and positive and pleasant environment which speaks to us in which the conditions and environment are organizational and social techniques of the work environment of the worker where they carry out their work with performance if they have health,physical and psychological well -being. But all this also related to physical factors, biological chemicals, among many more because it is a set of things for the worker to be in a positive environment, something very important for the worker is that while the worker is in a positive environmentAnd pleasant will be better for your physical and mental health.
The second tells us about the right to safety and health at work that tells us about techniques for the prevention, protection and even elimination of any risk that puts the health of the worker because they seek to be in a positive and pleasant environment as inThe first aforementioned factor.
Work as a basis for social relations.
Different authors say that work is something fundamental in a job, there are about five types of social relationships. The first one deals with the relationship with other people
These relationships occur dundamnetally and mainly between the workplace and the employer, this link is something indispensable in a job and can be by:
PHYSICAL PERSON – PHYSICAL PERSON
PHYSICAL PERSON – MORAL PERSON
Moral – Moral Person
Depends on the type of worker or worker that will be used for employment.
The second is the relations between a worker and the business economic unit that is about seeing the worker not only as a link to a physical or moral person but also with a heritage destined for an economic purpose.
The third to be of the relations with the social groups that can be individual or collective, the individual is simply between the worker and the employer and collective can be between worker and the union, between a member of the social group and between his relationship referred toIts status as members of the group and to end relations with the State, the State can participate as an employer when it comes to central organs, the State as an employer but through decentralized organizations, the State as an organizational organizer of workers’ relationsemployer, the State as an arbitrator that is responsible for solving labor conflicts through the Labor Courts and finally the State as an organ of trade union, federations and confederations.
All this helps to know how the worker is related to his classmates or the employer and thus it is a necarium that the State between to solve any conflict or impose standards.
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