The matter of the rights that are inalienable for employees, may sometimes seem confusing. However, it is a provision that turns out to be one of the most important at the Constitutional level. Article 123 of the Constitution establishes that everyone has the right to decent and socially useful work; to this end, the creation of jobs and the social organization of work will be promoted, in accordance with the laws that apply, including all employment contracts, in a general way. Within all the sections established in the reference article, section XXVII subsection h), takes special relevance, since it clearly establishes that they will be null conditions and will not oblige the contracting parties, even if they are expressed in the contract, all the stipulations that imply waiver of any right enshrined in favor of the manual worker in the laws of protection and assistance to employees.

Likewise, the Federal Labor Law (LFT) establishes that if employers violate the provisions that establish the rights of employees contained therein, said violations may be a termination cause of the employment relationship by the employee, without any liability to the employee (see articles 51 and 52 of the LFT). Additionally, article 5 of the LFT establishes that the provisions of such law are of public order. Therefore, the written or verbal waiver of the rights that these provisions contain, will not produce any legal effect, nor will it prevent the enjoyment and exercise of them.

Currently, this matter becomes relevant due to the COVID-19 pandemic, since employers could think about reducing the salary and benefits of personnel determined as vulnerable, since they had to be sent home due to the issue of health. A benefit that could be affected, would be the distribution of profits, since we remember that this is paid based on days worked and weights earned, and although it is true that the days were not worked, there is a justification.

Here are some violations of the LFT that the employer may inadvertently incur on:

• A day longer than that allowed by the LFT;
• A wage below the minimum;
• A period of more than one week for the payment of wages to the manual workers;
• A lower salary than that paid to another employee, in the same company or establishment, for work of equal efficiency, in the same kind of work or the same day, due to age, sex or nationality; and
• Waiver by the employee of any of the rights or prerogatives set forth in the labor regulations.

Finally, article 33 of the LFT establishes that the resignation that employees make of the wages earned, the indemnities and other benefits derived from the services rendered, whatever the form or denomination that is given, is null and void. This means that the employee could agree to accept a lower salary, work a longer day or accept fewer benefits than those that are already established by law, in exchange for continuing to work, but it would be void before the labor authorities.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require, including legal advice on inalienable rights for employees.