Example of Labor Lawsuit

A labor demand is an instance that the worker and the bosses have to assert their rights corresponding and solve the inconveniences that may arise in relation to:

• Trust breaches
• Robberies
• Contracts
• Unjustified dismissals
• Failures in the distribution of profits
• Unexcused absences
• Frauds and other motives.
• Disadvantages with retirement discounts
• Raise denials
• Unjustified wage payments
• We pay
• And in some cases requests for increases.

Although the causes of labor lawsuit are varied, and for it to be legally acceptable, the injury to the worker's rights must be proven by law.

That is why there is a federal labor law

This demand usually appear before the Conciliation and Arbitration Board, since this is the authority that is empowered to carry out said movements.

These types of claims are made before the conciliation and arbitration board, which is the institution that is assigned to resolve these disputes.

This demand may also be due as a consequence of acts issued for infractions to workers due to problems caused internally.

Example of labor demand:

 H. Conciliation and Arbitration Board residing in
Naucalpan state of Mexico.

Present:

Who subscribes Juan Juárez Javera who by my own right and pointing to hear notifications my address located on the street Virgen de las virgenes No 54 Colonia Nopalera Naucalpan de Juárez State of Mexico and designating as my attorney-in-fact and representative Lic. Ernesto Rivera Vargas, in the terms of the power of attorney attached hereto, I respectfully state:

With this I demand to RepartiLópez S.A de C.V with address at Av. Ezequiel Rodríguez No 563 or to the corresponding person in charge of the following:

1.- The payment of twenty thousand pesos in national currency, as compensation for the moral damage caused by the termination of which I was subjected.

2.- The payment of the amount of 54,000.00 fifty-four thousand pesos in respect of fallen wages in a period of six months for an unjustified termination until the award corresponding to what is issued in this judgment; Amount corresponding to the salary of 9000.00 of assigned salary.

3.- The payment of the amount of 3,000.00 three thousand pesos for each month for distribution and overtime, at the rate of extra salary that was not covered.

4.- The payment of the salaries corresponding to the 25-day term of vacations corresponding to the period of six months that I have not worked because of the termination to which I was subjected, which corresponded to 20% in accordance with the provisions of the federal labor law in its article 80

Payment concepts:

e) .- The payment of the amount of $ 7,800.00 per annual bonus.
f) .- The payment of the amount of $ 5000.00 for seniority premium.
g) .- Payment of the amount of $ 30,000.00 for the Social Interest House Purchase Fund (infonabit).

Facts:

I. On December 4, 2012 I carried out my package delivery tasks in times of overload for sending gifts and packages for Christmas celebrations, this in my functions as chief deliveryman of the central and northern zone of the federal district and zone conurbation. For the performance of this work I was assigned a salary of $ 6000.00 pesos which was increased by $ 9000.00 at the time of raising my position to head of the area.

II.- On December 5, 2012 and without giving any justifying cause, I was terminated by the shareholders 'council and the workers' council system, telling me that I will cease to exercise my functions on December 10 in an absolute way, this due to alleged complaints by the staff about assignments erroneous and mishandling of the packages that were estimated at a value of 270,000.00 (two hundred and seventy thousand pesos), a circumstance that was never established by me responsibility.

Although it was later established that it was not my responsibility, they refused to reinstate me in my position, because that is how policies are applied for internal policy purposes; Policy that is not established in this way in the contract that was made in my job entry, so it does not apply to me. Especially because the policy denies my seniority and because it is based on the fact that since I do not have my professional degree completed, I cannot exercise the position that I have carried out in a completely satisfactory way and that based on my reports are perfectly orderly and without failures and even more so after having finished the process of my professional degree and thus destroying the causal that was imposed on me.

III.- My ordinary working day was from six in the morning to three in the afternoon and in elevation time of jobs by deliveries it was possible to travel until twelve or one in the morning, due to administrative work; and consequently, during those days I worked overtime from three in the afternoon until two in the morning, an aspect that can be verified by my attendance sheets.

IV.- I did not enjoy and I was not paid the vacation corresponding to the annual period from June to August consisting of 23 days of vacation at the rate of a salary of 9,000.00 plus efficiency commission increased with 25%, which import the amount of 3600.00 whose payment I claim in accordance with what is established in article 79 of the Federal Law of the job.

V.- The defendant has not paid me the bonus corresponding to the annual period from 2011 to 2013, which amounts to the amount of $ 30,000.00 that I claim.

VI.- By concept of seniority bonus, at the rate of twelve days' wages for each year of services, rendered to the defendant, of In accordance with the provisions of article 162 of the Federal Labor Law, I am entitled to the amount of $ 20,000.00 that claim.

Right:

This H. Board to hear the case, as provided for in the corresponding articles of the Federal Labor Law.

Regarding the merits, article 123, constitutional fraction XXII, and 8, 10, 11, 18, 20, 26, 31, 35, 48, are applicable. 58, 61, 67 second paragraph, 76, 80, 81, 84, 87, 89, 132 sections I and II, 162 and other relative of the Federal Law of the Job.

The procedure is regulated by the provisions of Title XIV, Chapter XVII of the Labor Code.

For the above and founded.

To this H. Board attentively request to be served:

FIRST. Have me presented with this writing in the terms of the same, demanding RepartiLópez S.A de C.V, recognize the personality of the designated attorney in accordance with the attached power of attorney; and have the address indicated to hear notifications as designated.

SECOND. Give entry to the demand, running transfer to the defendant with the simple copy that I accompany, notifying it and placing it for the hearing of Law, at the indicated address.

THIRD. Render an award at the appropriate time, stating that the actions I enforce have proceeded; and, consequently, convict the defendant in accordance with the claims contained in this lawsuit.

Establishing what according to the law I consider that corresponds to me I respectfully hope that you tell me what according to the law always corresponds to me for my benefit as a worker.

For the aforementioned, I ask that the substitution be made in the complaint that may exist in my labor order lawsuit.

RESPECTFULLY,

Naucalpan de Juárez on July 23, 2013.

 I protest what is necessary
Firm