The National Mining Metallurgical Union FRENTE won a second injunction against the Federal Labor Law in the Profit Sharing criterion (PTU), which establishes a limit of 90 days. It was granted to Section 68 of Velardeña, Durango, which belongs to Minera El Roble.
“This is the second protection that the Mining Metallurgical Union FRENTE has won,” its general secretary, Carlos Pavón Campos, told El Sol de México in an interview, against the anti-constitutional criterion that affects the economy of thousands of workers.
The Eighth District Judge in matters of Labor, in Mexico City, Rosaura Rivera Salcedo, granted the legal remedy that seeks to compensate for the damages caused by the adhesion of Article 127, section VIII to the Federal Labor Law (LFT) and thus receive the distribution of profits for the year 2021 as dictated by the Constitution.
“Thus, the profits to be distributed will be equivalent to 10 percent of the total profits reported by the Minera El Roble company in 2021 before the Ministry of Finance and Public Credit and not as applied according to the Labor Reform, where the limit is 3 months”.
This is the second protection that this mining union organization FRENTE has won, the first was the one granted to Section 120 of La Ciénega, in Santiago Papasquiaro, Durango and which protected all its sections against the Labor Reform that reduces profits by up to 90 percent.
“This second protection is proof that the proposed Labor Reform, which was promoted and approved by the enemies of the labor sector, such as Napoleón Gómez Urrutia, was an act that violated the rights of the workers and the Magna Carta itself,” he stated. .
He brought up that when he was a federal deputy in 2019, he was the only union leader who opposed and voted against this addition to the Labor Reform.
The general secretary of FRENTE called on the Chambers of Deputies and Senators and the federal Executive not to be dissatisfied with these two protections and to oppose them that are for the benefit and achievement of mining workers.
???? Today we announced to different media that we won the protection of two of our sections, due to the reform of the Federal Law that affects the profits of our colleagues.
In @somoselfrente We will continue to defend the interests of the workers. #SomosElFrente ???????? pic.twitter.com/HsGM41CMoU
— Carlos Pavón Campos (@CarlosPavonC) January 8, 2024
“This will allow thousands of families to recover the purchasing power they had with the profits, in addition to contributing a significant amount of resources through taxes to the SAT.”
He detailed: “This second protection that they granted us for Minera El Roble, to Section 68 of FRENTE, in Velardeña, Durango. “It is against the Chamber of Deputies and the Senate of the Republic, that is, the Congress of the Union and the constitutional president of the United Mexican States.”
For their respective powers in the discussion and approval, issuance and promulgation of the addition that reforms various matters of labor subcontracting, published in the Official Gazette of the Federation on April 23, 2021.
Improper powers of Congress
Specifically, Article 127, section VIII of the Federal Labor Law. “We are protected by the addition that was made of section VIII that limits the distribution of profits to workers to 90 days, when in these units we exceed that amount.”
How much profit do they make?
They paid us according to section VIII of Article 127 of the LFT, which says that the maximum amount to be distributed is up to 3 months or the equivalent of the last 3 years, as appropriate to the worker.
And the Constitution, the Magna Carta, empowers workers, employers and the government to determine the percentage to receive workers.
The addition to the LFT limits us and says that the maximum amount to be received from profit sharing will be up to 90 days or the equivalent of the last three years.
But the Constitution tells us that we have a percentage of the company’s profits and that there will be a National Profit Sharing Commission made up of workers, employers and the government that will determine that percentage.
The addition to the Federal Labor Law was improperly made in Congress.
This is precisely why they grant us protection. It is the second one we achieved. They protect us against the decree that adds section VIII to Article 127.
The first was for Section 120 of the FRONT in La Ciénega Durango and the current one, to Section 68 of Velardeña, in Durango, which we were notified on December 26, 2023.
What does this imply?
It implies that a process is started. Under the protection of La Ciénega, Durango, the Ministry of Labor and the Chamber of Senators challenged it. But we are going to win because there are no laws that are above the Magna Carta, the Constitution.
This is a principle of the jurists themselves, it is not mine. It’s just a matter of time. In fact, we are going to seek to have that section VIII of Article 127 of the LFT considered unconstitutional and what should prevail is what our Fundamental Charter says.
Did other unions challenge it?
No, we were the only union in the country that sought protection. All the leaders remained silent to suit their interests.
Regarding the number of workers who will benefit from the correct payment of profits from the FRENTE Union, its leader said that with everything and employees and workers there are 2,500.
And we await resolutions from other sections that filed protections. We filed all the protections by work unit, there will be 12 to 14.
From the first protection, in 2021, 2022 profits were paid, which we also protected from 2022 profits that were paid in 2023.
And now, we wait for the Resolution, we will seek to expedite it. But it is a matter that has to be brought to the attention of the Supreme Court of Justice of the Nation because for us section VIII of Article 127 of the Federal Labor Law is unconstitutional.
That would imply that all workers in this country would have the right to pay 10 percent of the profit sharing.
2024-01-08 23:47:19
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