LABOR LAWS AND COURT DECISIONS

Author(s): Martha Dobbin

Source: Monthly Labor Review, Vol. 17, No. 2 (AUGUST, 1923), pp. 184-204
Stable URL: https://www.jstor.org/stable/41828712
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 LABOR LAWS AND COURT DECISIONS.

Pan American Conference Approves Chilean Proposal Relati

Labor Legislation.1

AT tiago, THEtiago,
fifthChile,
Chile,from MarchAmerican
Pan from 25 to MayMarch
5, 1923, the Chilean
Conference 25 to May which 5, 1923, was held the Chilean in San-
delegates made several proposals in regard to labor legisla-
tion. The content of the Chilean proposals which have been
adopted by- the conference is as follows :
The first proposal advocated the inclusion in future conference
programs of the study of international questions relating to social
problems. It was pointed out that harmonious relations between
capital and labor were indispensable for the economic, spiritual, and
political welfare of the American countries. The second proposal
therefore recommended the adoption of such measures as the pro-
tection of workers against occupational diseases and industrial acci-
dents, regulation of the working conditions of women and children,
housing, hygiene and safety of work places, and the encouragement
of thrift, all of which would contribute to the maintenance of indus-
trial harmony. The third proposal recommended the establishment
in each country of social insurance, including especially sickness,
accident, and invalidity insurance.
The fourth proposal advocated the creation of statistical and
labor inspection organizations in each of the States belonging to the
Pan American Union. The fifth and last proposal recommended the
undertaking of the preliminary studies wnicn are necessary for the
drawing up by the American countries of international conventions,
providing for reciprocal treatment of American laborers according
to certain general standards of social economy.

Danish Seamen's Law of May 1, 1923. 2

will go into effect January 1, 1924. Until then chapters 3, 4,

THE will seamen's
and 12goofinto law effectlawofofJanuary
the maritime Denmark,
April, 1892, 1, of which 1924. was Until ratified then chapters May 1, 1923, 3, 4,
will apply.
The seamen's law is the first result of Scandinavian-Finnish
cooperation, begun in 1918, in revising the maritime law. Th
commissioners appointed to revise the law decided that the provi-
sions which first needed revising were the regulations governin
the crew. These were taken out of the maritime law, revised, and
gathered together in the new seamen's law, making the maritim
law more homogenous and changing it to a law on sea navigation
This also permits of future codification in the seamen's law of a
provisions governing the crew.
The different chapters of the seamen's law are as follows:
Chapter I. - Hiring and discharging the ship's master; Chapter II.
Hiring the crew; Chapter III.- Duties on board ship; Chapter IV.
Discretionary punishments; Chapter V. - Persons on board shi
not members of the crew; Chapter VI. - Liability.
1 Boletín de Servicios de la Asociación del Trabajo. Buenos Aires, April 20, 1923, p. 206, and May 5
1923, p. 236.
8 Meddelelser ira Socialraadets Sekretariat. May, 1923. (Indenngsmimsteriet )

184 [480]

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 LABOR LAWS AND COURT DECISIONS. 185

Chapter I stipulates that a written contract should co

terms on which the ship's master is hired, but does not f
oral agreement, in which case, however, the burden of p
placed on the shipowner. The shipowner may discharge t
master at any time if he reimburses him for his loss. If the a
of the loss can not be ascertained, it is fixed at three months
and free passage with maintenance to some port agreed on.
Chapter II prohibits children under 14 years of age from wo
on board ship and persons under 18 years of age are forb
work as stokers or coal trimmers. It is also provided t
seamen's certificates are to be delivered to the ship's mas
kept by him with the ship's papers during the voyage. P
governing the length of tlie agreement are practically the
under the old law.
The seaman may demand that two-thirds of his wage be paid as
monthly allotment, and this sum may neither be decreased nor
stopped without his consent except when the remaining wage is
insufficient for covering debts to the shipowner, etc., Some ol the
wage not paid out as monthly allotment may be withheld, but in
case the amount withheld exceeds one month's pay interest at the
rate of one-half of 1 per cent is paid for each full month's pay re-
tained. In case the number of the crew is decreased during the
voyage an amount equal to the wages of those leaving is to be
divided among the rest of the crew in proportion to the increased
work for each one, unless wages are paid for overtime.
When a Danish seaman who has had six months' service with
the same shipowner dies while in the service, the shipowner must
pay one month's extra wage to the seaman's widow or minor children.
If the seaman so demands, his wage must be paid in cash according
to the rate of exchange at the place of payment. If the seaman
wants money forwarded from a foreign land to his home, the consul
must help him free of charge and the State is responsible for such
remittances of money.
Radical changes were made in the provisions governing care of
sick seamen. The ship's master must always, regardless of to whom
the expenditures for care in case of sickness shall be charged, secure
for the seaman the necessary care on board the ship or on land.
If security is asked when placing a sick seaman in a hospital on land,
the ship's master must make the necessary arrangements, and if it
becomes necessary for the shipowner to leave him in a foreign land
he must place him under the care of the consul.
The shipowner is to pay for the seaman's care for the period cov-
ering their agreement , and if the seaman is sick when the agreement
expires the shipowner must pay for his care for six weeks, or in case
he is a Danish subject and cared for outside the kingdom the employer
must pay for 12 weeks' care and arrange for his passage home. There
are certain exceptions, however, with regard to a seaman who has
brought sickness on himself or who concealed it at the time he was
hired; in this case the seaman himself must bear the expenses, he
can not demand free passage home, and the expenditures for sickness
may be deducted from his wages. The State furnishes funds for
care in cases of tuberculosis in contagious form or of venereal disease,
but expenses for passage home for a seaman having a venereal disease
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 186 MONTHLY LABOR REVIEW.

may be deducted from his wages. If the shipma

any one of the crew must submit to a physical exam
at the employee's expense. If a seaman dies, the s
provide for decent burial.
The law also contains a number of provisions rel
in which the ship's master may discharge a seaman r
contract, and also contains provisions regarding t
to demand a discharge.
Provisions in Chapter III delegate the highest au
ship to the shipmaster. Physical punishment is n
A seaman is liable for any damages he causes, alt
tain circumstances the court may reduce the am
must not leave the ship without permission, but he
permission to go on land during his free time unles
ship, crew, or cargo is involved. If a seaman does
right time or leaves the ship without permission, h
back. In case of mutiny on board, any measures
may be resorted to in order to secure order and obe

New Mining Law in India.

February
ANEW February of this year,
act regulating whenyear,
of this it received
miningthewhen
assentconditions
of the gov-
it received in the India assent became of the law gov- in
ernor general. According to the Labor Magazine for June,
1923, (p. 92), tne most important provisions of the law relate to hours,
to the work of children, and to a weekly day of rest. Hours are lim-
ited to 60 a week above ground and to 54 a week below ground. Nò
one may be employed in a mine more than six days a week. It is
forbidden to employ anyone less than 13 years old underground or
to permit anyone under that age to be in any part of a mine under-
ground, even though unemployed.
This last provision is considered specially important in view of the
effect it is likely to have upon the employment of women, many of
whom, it is believed, will refuse to work underground unless thay can
take their babies or young children with them. A joint committee
of both houses of the Indian Legislature, which has been considering
the subject, advised that measures should be taken to exclude women
from underground work at some future time, a period of about five
years being thought necessary in preparation for such a step. It is
impossible to forbid their underground employment at once, the com-
mittee seated, " because time must be given to employers to replace
the 90,000 women who are working at present in the mines."

Amendment of Japanese Factory Law.

A CONSULARlation
lationofofthetheJapanese
reportfactory law asunder
Japanese amended by a law
factory datepassed
law of May as amended 12, 1923, by gives a law a passed trans-
at the last session of the Diet and promulgated through the
Official Gazette March 30, 1923. A supplementary law promulgated
on the same day provided that the employment of minors less than
15 years of age should be prohibited in factories, mines, quarries,
dockyards, shipyards, and power plants, and in engineering and con-
struction work of all kinds, and in the building trades. An exception
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 LABOR LAWS AND COURT DECISIONS. 187

is made in the case of minors more than 12 years of age, who

completed the prescribed primary school course. The text of
amending law (No. 23) is as follows:
Article 1. This law shall apply to factories coming under the following c
(1) Those ordinarily employing not less than 10 operatives; (2) those engaged in
injurioiis to health.
Factories to which the appplication of this law is deemed unnecessary sh
exempted by imperial decree.
Art. 2. [Canceled.]
Art. 3. No factory owner may employ male persons not more than 16 years
and female operatives longer than 11 hours per day.
The minister of state concerned may, within 15 years after the date of the enf
ment of this law, permit the extension of the working day by not more than two
according to the nature of the work.
In applying the provisions of the two foregoing clauses to cases where two o
workshops are separately situated, the number of hours during which an ope
is employed shall be adued together.
Art. 4. No factory owner may employ male persons not more than 16 years
and 'female operatives between the hours of 10 p. m. and 5 a. m.
.Art. 5. [Canceled.]*
Art. 6. [Canceled.]
Art. 7. Factory owners shall set aside two days each month as holidays for
operatives and male persons less than 16 years of age. They shall also set
recess periods 30 minutes or more out of each working-day when such day ex
hours, and 1 hour or more out of each working-day when such day exceeds 10
The recess periods mentioned in the foregoing clause shall be given to all emplo
Provided , however , That exceptions may be made with the approval of the
having jurisdiction.
During the summer season, in cases where the recess period exceeds one hou
tory owners may with the approval of the official having jurisdiction extend the
ing-day by the time by which the recess period exceeds one hour. The time by
the working-day is extended shall not, however, exceed one hour.
Art. 8. In the event of calamities, or when it is believed that a calamity may
the minister of state concerned may, within certain areas and in certain ind
suspend the application of the provisions of articles 3 and 4.
if due to any unavoidable cause any necessity exists, factory owners may wi
approval of the officials having jurisdiction extend the working-day, desp
provisions of article 3, and may be permitted to employ female operatives 16
or more during such period, despite the provisions of article 4. Factory owner
also, under such conditions, suspend the recess periods mentioned in the fore
article: Provided , however , That m cases where it may be necessaiy, because
rapid deterioration of raw material or to prevent the loss of raw material or s
work may be continued for a period not exceeding four days. Up to a total o
days in any one month the permission of the authorities need not be obtained
In industries which are seasonally active, a factory owner may, with the pre
secured permission of the authorities, extend the working-day by one hmir
certain stated periods: Provided , however , That the days in which the working
extended do not exceed within such period a proportion equivalent to 120
the year.
Art. 9. Factory owners shall not employ male persons less than 16 years of age or
female operatives in cleaning, oiling, inspecting, or repairing machines in motion or
the dangerous parts of any power transmission contrivance, or to place or displace
the belt or gearing of machines in motion or of any power transmission contrivance, or
to employ them in any other dangerous occupation.
Art. 10. Factory owners may not employ persons not more than 16 years of age at
occupations requiring the handling of poisonous or powerful drugs, explosive or in-
flammable material, or other injurious material. Such persons may not be employed
in places where dust or powder is raised to an unusual degree or where gas is gener-
ated, or in any other place which may be considered dangerous or injurious to health.
Art. 11. The nature of the work coming under the provisions of the two preceding
clauses shall be determined by. the minister of state concerned.
Subject to the approval of tne minister of state concerned, the provisions of the pre-
ceding article may be made applicable to female operatives more than 16 years of age.
Art. 12. The minister of state concerned may ordain certain regulations restricting
or prohibiting the employment of sick persons, women who are about to be confined
or have been confined, and nursing mothers.
56034°- 23
3 *

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188 MONTHLY LABOR REVIEW.

Art. 13. When any factory building, outhouse, or equipmen

accordance with existing regulations to be prejudicial to he
interest, the administrative authorities may order the fact
necessary preventive measures, or they may prohibit the use o
such building, outhouse, or equipment.
The administrative authorities may issue instructions to ope
with regard to matters which the factory owner has been order
Art. 14. The administrative officials may inspect any factor
supplementary thereto. They may also examine operatives an
or believed to be suffering from any illness or epidemic disea
the restriction or suspension of the operation of the factory.
carry with them evidence as to their identity.
Art. 15. When an operative is injured, contrae ts any illness, or
of his duties, the factory owner shall, in accordance with the p
decree, indemnify the operative or his relations or any person s
of the operative at the time of his death.
Art. 16. An apprentice, one desirous of becoming an appren
or his legal representative, or a factory superintendent may obt
a registrar or his representative certificates as to the census reg
tice or of one desirous of becoming an apprentice.
Art. 17. Matters relating to the engagement or discharge of
of employment agencies, and to apprentices shall be determi
Art.. 18.. Factory owners may appoint factory .superinten
powers in regard to the management of their factories.
A factory owner who does not reside within the jurisdictiv
appoint a factory superintendent.
The approval of the supervisory authorities shall be obtain
appointment of any person as factory superintendent. This pr
however, when the person is selected from among directors o
members directing the affairs of a company, company mem
the company, company directors, and from among those w
legal provisions, are required to represent or manage the affai
Art. 19. For the purposes of this law and of ordinances issu
this law, factory superintendents mentioned in the preceding
as factory owners. This shall not apply, however, to the provi
When the factory owner is a minor without the mental com
full age, an incompetent, or a corporation, and has not appoi
tendent, his legal guardian, or in the case of a corporation it
sentatives and managers shall be subject to the provisions of t
in matters relative to the operation of the factory.
Art. 20. Factory owners, or those defined by the preceding
tives of factory owners, violating the provisions of this law,
law, or any decision based on this law, shall be fined not more
Art. 21. Those refusing to permit, or hindering, the makin
properly constituted authorities, or evade such inspections, t
who reply falsely to the interrogatories of such authorities,
examination of operatives and apprentices shall be fined not m
Art. 22. A factory owneT or any person defined^ by article
of afactoiy owner may not escape the penal provisions of thi
ing this law, and ordinances and orders based on this law, wh
by the head of his family, any attorney, relation, person do
ployee or any other person engaged by him in his business,
was not committed under his direction. This provision sh
if he has exercised reasonable supervision over the factory
A factory owner or any person defined by article 19 as a repr
owner may not escape the penal provisions of this law by p
the age of any operative. This provision shall not apply, h
been committed by the factory owner, his representative, o
with supervisory powers.
Art. 23. These dissatisfied with the orders of the administrative authorities issued
in accordance with this law may file protests, and when their rights have been
illegally impaired they may appeal to the courts.
Art. 24. The minister of state may apply the provisions of articles 9, 11, 13, 14,
16, 18, and 23 to factories not coming under article 1 but using motive power.
Art. 25. With the exception of penal provisions and provisions relating to factory
superintendents, this law and ordinances issued in accordance with this law shall
be applicable to State and other factories.
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 LABOR LAWS AND COURT DECISIONS. 189

Supplementary Provisions.

The date on which this law shall become effective shall be determined by im
perial decree.
For a period of three years after the date on which this law becomes effective th
phrase 4 * 16 years" occurring in this law shall be taken to mean 15 years.
For a period of three years after the date on which this law becomes effective th
provisions of article 4 shall not be applicable to cases where operatives are divide
into two or more shifts.
Whenever male persons less than 15 years of age and female operatives are employed
Tinder the provisions of the foregoing ¡paragraph, thev shall be given four days vaca-
tion each month, and their hours of work shall be changed every 10 days or of tener.

Individual and Collective Bargaining Under Mexican Slate Labor

Laws.1
By Martha Dobbin.

forms the basis of the labor and social welfare laws enacted
ARTICLE forms the 123 basis 2 of of the the Federal labor and constitution social welfare of Mexico laws enacted (1917)
in the several States. Some of the States (Campeche, Chiapas,
Vera Cruz, and Yucatan, 1918; Coahuila, 1920; Michoacan and
Puebla, 1921; and Chihuahua and Querétaro, 1922) have enacted
comprehensive labor codes covering practically every phase of
labor legislation except insurance against sickness, ol<l age, and
unemployment. Others (Guanajuato, Hidalgo, Mexico State, Nuevo
Leon, San Luis Potosí, Sinaloa, Sonora, and Zacatecas) have covered
the field more or less completely in several laws passed at different
dates. The States of Durango and Nayarit have also enacted labor
laws, but it ha.s been impossible to secure copies of them. The
States of Colima, Guerrero, Jalisco, Tabasco, Tamaulipas, and Tlax-
cala have not yet passed any labor laws, nor have any such laws
been found for A<mascalientes, Moreias, and Oaxaca.
In this study tne nine labor codes above mentioned were used, as
were also the Sonora conciliation law of 1918 and the labor law of
1919, the labor and social welfare law of Sinaloa (1920), the laws of
San LuÍ3 Potosí on employers' and workers' organizations and
labor disputes (1922) and conciliation and arbitration (1922), and
the Guanajuato, Federal District, and Mexico (State) conciliation
and arbitration laws (1921, 1917, and 1918). The study of the con-
tract provisions is, therefore, based on a study of 11 laws, while 12
were used in the sections on employers ' and workers 7 organizations
and labor disputes, and 14 on conciliation and arbitration.
Contracts of Employment.
A CONTRACT of employment as defined in the Chihuahua, Sina-
** loa, Sonora, and Vera Cruz laws is an agreement by virtue of
which a person called a worker obligates himself personally to render
1 The following sources were used in the preparation of this article: Campeche, Codigo del trabajo, Cam-
peche, 1918; Chiapas, Ley reglamentaria del trabajo, Tuxtla Gutiérrez, 1918; Chihuahua, Ley del trabajo,
Chihuahua, 1922; Coahuila, Ley reglamentaria del artículo 123 de la constitución général de la república,
Saltillo, 1921; Guanajuato, Periódico Oficial, Guanajuato, Apr. 10, 1921, and May 14, 1922; Mexico, Diario
Oficial, Mexico, Dec. 3, 1917; Mexico (State), Ley reglamentaria de las juntas de conciliación y arbitraje,
Toluca, 1918; Michoacan do Ocampo. Ley del trabajo, número 46, M orelia, 1921 ; Puebla, Codigo de trabajo,
Puebla, 1921; Querétaro, Ley del trabajo, número 34, Querétaro, 1922: San Luis Potosí, Ley reglamentaria
delas fracciones XVI, XVII, XVIII, y XIX del artículo 123 de la constitución federal, San Luis Potosí,
1922; San Luis Potosí. Ley reglamentaria de la junta do conciliación y arbitraje, San Luis Potosí, 1922;
Sinaloa, Ley del trabajo y aela provisión social, promulgada en el decreto num. 166, C uliacan [1920] ; Sonora,
Boletín Oficial, Hermoslllo, Apr. 29, 1919, and May 4, 1919; Sonora, Leyes sobre previsión social [No. 48,
conciliation ana arbitration law. 1918], Hermosillo, 1919; Vera Cruz-Llave, Ley del trabajo [1918], Jalapa,
1921; Yucutan, Codigo del trabajo, decreto número 386, Mérida, 1918.
2 A synopsis of this article was given in the Monthly" Labor Review for December, 1922, pp. 195, 196.
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190 MONTHLY LABOR REVIEW.

services to another person called an employer, un

and in return for a pecuniary consideration. The
in the other laws are not radically different from t
Coverage.
The laws differ somewhat in the application of the provisions of
the contract law to State and Federal salaried employees. In the
Campeche law " public salaried employees are excepted"; in four
States (Querétaro, Sinaloa, Sonora, and Vera Cruz) Federal employees
are excepted; and in Michoacan both State and Federal employees
are excepted unless it is otherwise specified in the contract. The
Campeche, Chihuahua, Sinaloa, and Sonora laws do not apply to
contracts made by persons who offer their services to the general
public and not to one or more definite employers. In Campeche
and Puebla when the worker must also furnish materials the contract
is governed by the labor law only when the materials can be regarded
as accessories and the work as the principal object of the contract.
The laws of Michoacan, Querétaro, Sinaloa, Sonora; and Vera Cruz
are not applicable to contracts for work in Federal zones within the
State or tor work to be done both within and without the State, pro-
vided it is similar and continuous work. In Michoacan and Queré-
taro, however, the law may be made applicable by agreement of the
contracting parties. The Michoacan law does not cover contracts
for work outside the State unless it is so provided in the contract,
while the laws of Sinaloa, Sonora, and Vera Cruz do not apply to con-
tracts for work in a foreign country, even though made in the State.
The law of Querétaro applies to contracts made outside the State for
work in the State. This is also the case in Michoacan and Vera Cruz
unless one of the exceptions applies to it. The Coahuila law applies
to contracts made in the State ior work outside the State.
• Contracto rs and agents . - In Campeche, Chiapas, and Puebla the real
employer is held responsible even though the contract is made through
an agent or contractor, except that in Chiapas those who organize
groups of laborers for factories, etc., and "enganchadores," i. e.,
persons who recruit and manage gangs of rural laborers, are held
jointly responsible with the owner or manager of the enterprise. The
latter provision is also found in the Sinaloa and Sonora laws. In
Chihuahua contractors who are responsible to the employer for the
final result but not for the manner of work have the same rights and
obligations as employers. Subcontracts - that is, those made by a
representative of the real employer - are prohibited in Chihuahua
unless the real employer agrees to be responsible for damages and
compensation for accidents and to pay at least the minimum wage,
and in Sinaloa and Sonora unless the contractors are solvent and
become responsible for any damages to the workers and for compe
sation for accidents and occupational diseases. The real employe*
must also agree in the subcontract that the minimum or current wage
will be paid. In Sinaloa and Sonora contractors have the same
responsibility as employers, except in those cases in which the rea
employer is held jointly responsible. In Yucatan when work is don
through a contractor lie must give security to guarantee acciden
compensation or any other obligation that may arise between him
and the workers. Such security must amount to 50 per cent or mor
of the value of the work being done.
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 LABOR LAWS AND COURT DECISIONS. 191

Duration.

Contracts may be made for a fixed period or for a specified task

and may not be made for an unlimited time (Campecne, Ohiapas,
Chihuahua, Puebla, Sinaloa, Sonora, and Yucatan). In Yucatan the
maximum duration is one year and in Campeche three years. In
Michoacan, Sinaloa, Sonora, and Vera Cruz contracts will not be bind-
ing for more than one year if prejudicial to the worker. Contracts
in which the duration is not stated and which are not for a specified
task are considered to be for one year in Campeche, Chiapas, ruebla,
Sinaloa, and Sonora, and for three months in Chihuahua. In Puebla
when the contract is for more than one year it is binding upon the
employer only. The worker may rescind, it after one year.
Extension of contract period . - In some of the States (Chiapas, Chi-
huahua, Michoacan, Sinaloa, and Sonora) if the worker continues to
render service after the expiration of the contract without making a
new contract, it will be considered extended indefinitely, subject, in
Chiapas, to one month's notice by either party of intention to termi-
nate the contract, and in Chihuahua, Sinaloa, and Sonora to two
weeks' notice. In Querétaro the contract will be considered extended
for a three months' period, and in Yucatan for as long as the worker
continues his services, provided such extension is not prejudicial to
his interests. The provision on this subject in the Campeche law
is similar to that of Yucatan, but applies only to collective agreements.
Termination.

The following are the conditions under which contracts may be

terminated: (1) For reasons stipulated in the contract (all but Vera
Cruz) ; (2) as provided by law (Michoacan, Puebla, and Querétaro) ;
(3) upon the conclusion of the work for which the contract was made
(all 1 1 States) ; (4) at the end of the contract period (Querétaro, Vera
Cruz, and Yucatan) ; (5) at the expiration of the contract period, or
at the end of one year if the contract is for a longer period and its
continuance would be prejudicial to the worker's interests (Michoa-
can) ; (6) one year after it is made, or before if the worker considers
it prejudicial to his interests to continue the contract, and if he gives
timely notice or as prescribed in the contract (Coahuila) ; (7) at the
end of one year when the worker considers the contract prejudicial
to his interests (Puebla and Vera Cruz) ; upon one month's notice by
the worker or two months' notice by the employer in the case of con-
tracts made for an indefinite period (Puebla) ; (8) when its continuance
would be detrimental to the worker (Querétaro) ; (9) upon the death
of the worker (all but Coahuila) ; (10) upon the death of the em-
ployer (Vera Cruz); (11) because of the physical or moral incapacity
of the worker to perform the contract (Coahuila) , or because of the
physical or moral incapacity of either party (Vera Cruz) ; (12) because
the employer becomes bankrupt or goes out of business (Michoacan,
Querétaro, and Vera Cruz); (13) because of the legal incapacity, in
the opinion of experts, of either party to perform the contract (Mi-
choacan and Querétaro) ; (14) because of the impossibility of con-
cluding the work (Querétaro) ; (15) by mutual consent (all 11 States) ;
(16) wien the employer discharges the worker (Campeche, Chiapas,
Chihuahua, Sinaloa, Sonora, and Yucatan; the Chihuahua law adds
"with lawful cause"); (17) when the worker quits voluntarily (Cam-
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192 MONTHLY LABOE BEVIEW.

peche, Chihuahua, Coahuila, Sinaloa, Sonora,

Chihuahua law adds "with lawful cause"); (IS) on
majeure (all but Michoacan, Querétaro, and Ve
desire of either party when the contract is for
and notice is given as prescribed in the contrac
Force majeure . - Six of the laws (Campeche, C
Sinaloa, Sonora, and Yucatan) define force maje
of the law, as fire, explosions, earthquakes, war,
and similar catastrophes which cause a suspensi
than 30 days (except in Coahuila) . The Chihua
and Yucatan laws add the phrase " beyond the
ployer." In Coahuila if the stoppage is absolute
days the employer must pay one month's wag
of fire or the total or partial destruction of the
is not covered by insurance, the employer is releas
ment. In Campeche the workers are entitled to
such suspension of work is for more than 30 day
is no such obligation regardless of how long th
Yucatan if the employers have on hand a stock
they produce they must pay three months' w
who lose their employment through a susp
Puebla if the explosionare, or other similar ca
the fault or negligence of the employer, he must
for the losses resulting therefrom, and if the sus
than 30 days he must pay those with whom he h
indefinite period two months' wages, thereby term
Grounds for discharge. - When an employer dis
for .any of the reasons permitted in the laws
damages nor is he required to pay the usual ind
discharge - the equivalent of three months' w
Puebla when there is lawful reason for discha
'employer must do so within one week after caus
right. The following are the grounds for discharge
(1) An employer may discharge a worker if h
.his qualifications, skill, etc., when making the
-Chiapas, Chihuahua, Puebla, Sinaloa, Sonora, an
(:2) Discharging a worker because of dishones
injured or ill-treated his •employer or his family
or fellow workers is lawf ul in Campeche, Chihua
and Yucatan. There is a somewhat similar pro
law which permits the dismissal of a worker b
.and serious lack of respect for the employer
family, or his representatives.
(3) Deliberately causing material injury to bu
tools, raw materials, etc., connected with the
worker liable to discharge without indemnity
Sonora, and Yucatan. The word deliberately
the provision in the Chihuahua law and the Ch
' by negligence or lack of foresight ' ' for ' 1 del
sponding provision in the Coahuila and Vera C
in the opinion of the board of conciliation and ar
by his carelessness or disobedience, injuriously af
interests." According to the Michoacan law
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 LABOR -LAWS AND COURT DECISIONS. 198

discharged for intentional damage or grave negligence whic

loss to the employer, and in Querétaro because of intentiona
to the employer's interests.
(4) Another permissible reason for discharge is the commi
immoral acts by the worker in the place of employment wh
forming the contract (Campeche, Chiapas, Chihuahua, P
Sinaloa, Sonora, and Yucatan), or the commission of penal o
during the performance of his tasks (Vera Cruz).
(5) A worker may also be discharged for revealing trade
in all the States but Puebla, Vera Cruz, and Yucatan, but the
of the board of conciliation and arbitration is required in C
and Vera Cruz, and in Michoacan the worker must have been
of the penalty for such action.
(6) In six States (Campeche, Chiapas, Chihuahua, Puebla,
and Sonora) an employer may discharge a worker when
imprudence or serious negligence he jeopardizes the safety
work place or öf Iiis f ellow workers.
(7) Unjustifiable tardiness or absence from work more th
times in 30 consecutive days is proper cause for dismissal in Ca
Chihuahua, Puebla, Sinaloa, and Sonora.
(8) Failure to obey the orders of the management (Cam
Chiapas, Chihuahua, Coahuila, Sinaloa, Sonora, and Vera Cr
violating the shop regulations (Campeche, Chiapas, Chi
Sinaloa, Sonora, and Vera Cruz) make the worker liable to d
The Vera Cruz law requires the approval of the board, of conci
and arbitration in case of dismissal for disobedience of orders and
specifies that dismissals for violating shop regulations may be made
for more than three violations in one month.
(9) Coming to work in an intoxicated condition is proper cause
for discharge in Campeche, Chihuahua, Michoacan, Querétaro, Sinaloa,
Sonora, and Yucatan, the Michoacan and Querétaro laws also includ-
ing habitual intoxication. The corresponding provision in the Chiapas
law includes gambling and habitual or disgraceful intoxication.
(10) Incompetence ¿o contract, violations of the labor law,
abandoning of his obligations, or refusing to work in time of
disaster or imminent danger are other grounds for discharge of the
worker in Chiapas.
(11) In Coahuila, Michoacan, Querétaro, and Vera Cruz a worker
may be discharged for not doing the work agreed upon in the contract,
but in Coahuila and Vera Cruz the consent of the board of conciliation
and arbitration is required.
(12) In Michoacan and Querétaro discharge from employment
may take place for any other reason approved by the boards of
conciliation and arbitration.
In Chiapas the employer may rescind the contract and bring action
to recover damages for breach of contract under the following cir-
cumstances:
(1) If the workers cease to perform their tasks with the approp
intensity, attention, and care and in the form, time, and place ag
upon.
(2) If they refuse to work either at regular hours or overtime in
time of imminent danger or disaster.
(3) If they cause considerable loss by careless misuse of tools.
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194 MONTHLY LABOR REVIEW.

When worTcer may quit before expiration of cont

circumstances prescribed in the laws a worker ma
ment before the expiration of the contract without
for breach of contract. In Campeche he will
demand three months' pay as indemnitv. The
Chiapas if he leaves for the reasons numbered (
below, and in Puebla in the case of reasons (4) and (5). In the
latter State a worker may sue for damages if he leaves for anv other
lawful reason. In the other eight States the worker may clemand
that the employer perform the contract or pav an indemnity equal
to three months' wages. In Chiapas and Puebla the worker's right
to quit for lawful reason is good for only one week after cause is given.
The reasons for which a worker may lawfully quit his employment
are enumerated below:
(1) If, during the performance of the contract, the employer de-
liberately causes material injury to objects belonging to tne worker
or in his care (Campeche, Chiapas, Coahuila, Puebla, and Yucatan).
(2) When the morals of the worker or of his family are endangered
by the acts or suggestions of the employer (Campeche, Coahuila,
Puebla, and Yucatan).
(3) Because of serious risk to the safety or health of the worker
which is not inherent in the work contracted for (Campeche, Coa-
huila, and Yucatan). The Yucatan law adds also "and which is
due to the lack of hygienic conditions in the work place." The
Chiapas law contains a somewhat similar provision, " because of
serious risk to the safety or health of the worker or his family on
account of the lack of fiygienic conditions in the work place or in
the house furnished by the employer," and the provision in the
Michoacan law reads "when, through the fault of the employer
the worker's health is menaced by the lack of hygienic conditions
in the work place." The provisions in the Coahuila and Vera Cruz
laws are slightly different, reading, "when, in the opinion of the
board of conciliation and arbitration, the lack of hygienic conditions
in the work place injures the worker's health."
(4) Because of dishonesty on the part of the employer (Campeche,
Chiapas, Chihuahua, Coahuila, Puebla, Sinaloa, Sonora, and Yucatan).
(5) On account of the maltreatment of the worker or his family
by the empier, or by his family or subordinates with his consent
or tolerance. This provision is found in all the laws but those of
Puebla and Vera Cruz. The former reads, "because of injuries and
maltreatment caused by the employer, his subordinates, or his
family;" the latter, "when in the judgment of the board of con-
ciliation and arbitration the employer or his representatives maltreat
by word or deed the worker or his family."
(6) The employer's failure to comply with the provisions of the
law concerning housing, medical care, accident compensation, tools,
etc. (Chiapas). A somewhat similar provision is found in the Coa-
huila and Vera Cruz laws, "when, in the opinion of the board of
conciliation and arbitration, the employer fails to furnish rural
laborers and tenant laborers lodging and drinking water according
to this law."
(7) The commission of immoral acts by the employer in the shop
or work places during the performance of the contract (Chiapas,
Coahuila, and Puebla).
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 LABOE LAWS AND COURT DECISIONS. 195

(8) By decision of the board of conciliation and arbitr

the case of a strike (Chiapas).
(9) When illness keeps the worker away from his employm
more than 20 days (Chiapas) or for more than 30 days (P
(10) Because wages are not paid or are paid in a differe
from that agreed upon in the contract (Chiapas, Coah
Michoacan) . The corresponding provisions in the Puebla,
and Vera Cruz laws are only slightly different. They ar
wages are not paid promptly or are paid in a different f
that required in the contract or by law" (Puebla); "wh
are not paid as agreed upon" (Querétaro); and when wag
frnid aw (Vera
aw (Vera Cruz). as agreed Cruz). upon, strictly according to the contract and the labor
(11) When the employer violates the works regulations with respect
to the worker more than three times in one month (Coahuila and
Vera Cruz).
(12) If, in the opinion of the board of conciliation and arbitration,
the employer requires the performance of work other than that
contracted for (Coahuila and Vera Cruz). In the corresponding
provisions of the Michoacan and Querétaro laws the words "in the
opinion of the board of conciliation and arbitration" are omitted.
(13) If the employer fails to pay rural laborers, tenant laborers,
or domestic servants during illness as provided by law (Coahuila
and Vera Cruz). The Michoacan and Querétaro laws contain a
somewhat similar provision - "when the employer fails to pay half
wages during illness."
(14) When the employer does not comply with the terms of the
contract, does ťhings prohibited by law, or fails to do the tilings
required by law, the worker may terminate the contract and hold
the employer liable for damages (Michoacan and Querétaro) .
The Chiapas law further provides that under the circumstances
enumerated below the worker may rescind the contract and still
have the right to recover damages for the loss occasioned by the
breach of contract: (1) If the employer requires him to do work
he has not contracted for or to do something incompatible with
his strength and ability; (2) if he fails to pay the stipulated wage
at the time and in the form agreed upon; (3) if he fails to furnish
suitable housing, medical aid, tools, and materials and pay accident
compensation; (4) if he requires longer than the legal workday or
shortens or takes away the rest periods; (5) if he requires the workers
to work at more distant points than specified in the contract or
allowed by law, without previous agreement to that effect; (6) if he
violates tne provisions regarding a 6-hour day for children frojn 12
to 16 years of age and Sunday rest; (7) if he refuses to make advance
payments in cases required by law.
Unlawful discharge . - When an employer discharges a worker
because he joins a labor organization or takes part in a lawful strike
or for any other unlawful cause he will be required to perform the
contract or pay an indemnity equal to three months' wages, at. the
worker's option, except in Puebla, where he is required to pay the
indemnity. In Coahuila and Puebla a dismissal occurring within two
weeks after cause is given will be considered dismissal for this
reason.

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196 MONTHLY LABOR REVIEW.

In Yucatan when an employer dismisses a w

must pay three months' wages whether the disc
without lawful cause.
Special Provisions Required.

Each of the laws contains a list of provisions w

cluded in contracts (written contracts specified
peche, Coahuila, and Puebla laws). Among th
frequently required are the following: (1) Kin
rendered (all 11 States). When this is not specifi
stood, in Campeche, Coahuila, and Puebla, to be
calling, and in Yucatan the worker's word wi
matter. (2) Whether it is timework, piecework,
fixed period (Campeche, Chiapas, Cnihuahua,
Sinaloa, and Sonora; in Yucatan, only "timewor
(3) Amount of remuneration (all 11 States). (
muneration (Campeche, Chihuahua, Coahuila, P
and Yucatan). (5) Place of payment (Chihuahu
Querétaro). (6) Where the work is to be don
is required in all the laws. They vary, however
required of the worker when the place is not spe
he can not be compelled to work more than 50 k
from the town in which he lives, in Chiapas no
meters (2.5 miles), and in Coahuila not more than 1 kilometer
(0.621 mile) from his place of residence. According to the Puebla
law, when the place of employment is not designated a worker can
not be compelled to work outside of his town except in communica-
tion and transport services or unless it is so arranged in the contract,
in which case the employer must pay the cost of food and additional
wages. In Yucatan the worker can not be required to render service
away from his place of residence, when the place is not designated
in the contract. (7) Duration of the contract. Seven of the laws
(Chiapas, Chihuahua, Michoacan, Querétaro, Sinaloa, Sonora, and
Vera Cruz) require the duration of the contract to be shown, or, in
the case of Chiapas, Chihuahua, Sinaloa, and Sonora, if it is for an
indefinite period, the date of becoming effective shall be shown and
whether it is for a specified piece of work or for a lump sum. (8)
Provisions as to rescission or termination of the contract (Michoacan,
Querétaro, and Vera Cruz). (9) Length of the working day. This
must be specified in the contracts made under the Chiapas, Chihua-
hua, Sinaloa, and Sonora laws and may not exceed the maximum
fixed by law.
Contracts for employment outside of Mexico . - Contracts made by a
citizen of the State with a foreign contractor for work outside of
Mexico are covered in all the laws studied except those of Puebla,
Vera Cruz, and Yucatan. The approval of a specified authority
(chief of department of labor in Campeche, and the municipal
authorities in the other States) and the visé of the consul of the
country to which the worker is going are always required. The laws
of Michoacan and Querétaro apply also to contracts for work in other
Mexican States, the former requiring that such contracts be viséed by
the governor of the State to which the worker is going. All of them
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 LABOR LAWS AND COURT DECISIONS. 197

require the employer to bear the expense of repatriating the

at the close of the contract period, several of them (Cam
Chihuahua, Coahuila, Michoacan, and Quere taro) requiring
with the municipal authorities as a guaranty. Under the
and Chihuahua laws the contractor must also pay for the tran
tion of the worker to the place of employment, and in Chihu
may not deduct from the worker's pay the cost of transporta
maintenance of the worker and his family to the place of empl

Certain Provisions Void.

All of the laws on contracts declare certain provisions not binding,

even though included in the contract. The Chihuahua law makes the
person who is responsible for including any of them in a contract
subject to a fine of from 50 to 500 pesos ($25 to 8210, par) and also
liable for damages. The Sinaloa and Sonora laws have a similar
provision except that the amount of the fine is not specified.
The eight provisions declared null and void by article 123 of the
Federal constitution are found in a majority of the laws. They are
the following: (1) Stipulations providing for an inhuman day's work
on account of its notorious excessiveness, in view of the nature of the
work (all except Coahuila). (2) Those which fix a wage rate which in
the judgment of the board of conciliation and arbitration is not remu-
nerative (Campeche, Chiapas, Chihuahua, Puebla, Sinaloa, and So-
nora). The " phrase u in the judgment of the board of conciliation and
arbitration " is omitted in the Yucatan law. (3) Those which provide
for a term of more than one week before the payment of wages (all but
Coahuila). The Campeche law excepts bank and office salaried
employees and the Yucatan law salaried employees in general from
this provision. The Michoacan and Querétaro laws allow 10 days for
the payment of salary (sueldo). (4) Those which assign a place of
recreation, eating places, taverns, saloons, or shops for the payment
of stages, when the employees of such establisliments are not con-
cernea (all but Coahuila). (5) Those which involve a direct or
indirect obligation to purchase articles of consumption in specified
shops or places (all but Coahuila). (6) Those which permit the
retention of wages by way of fines (all but Coahuila). The Yucatan
law includes tools along with wages. (7) Those which constitute a
waiver on the part of the workman of the indemnities to which he
may become entitled by reason of industrial accidents or occupational
diseases, and damages for nonperformance of the contract or for dis-
charge from work (all but Yucatan). (8) All those which imply a
waiver of some right vested in the workman by the labor laws (all
but Coahuila) .
The following provisions appear less frequently: (i) Stipulations
which limit or ninder, to the hurt of any of the parties, the exercise
of their natural, civil, or political rights (Campeche, Coahuila, and
Puebla). The corresponding provision in the Yucatan law, which is
slightly different, is as follows: "Those which limit the liberty of the
workers oir restrict the exercise of their natural, civil, and political
rights." (2) Those which cause the worker the loss or the irrevocable

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198 MONTHLY LABOR REVIEW.

sacrifice of his liberties (Campeche and Coahuil

require a worker to perform any kind of work gra
(Campeche, Coahuila, Puebla, and Yucatan). (4
account of the precarious condition, the inexpe
intelligence of any of the parties, impose condi
manifest disagreement with the importance and va
contracted for (Campeche, Chihuahua, Coahuila, Sin
(5) Those which require longer hours than are
(Chihuahua, Michoacan, Querétaro, and Vera
which specify a wage below the minimum fi
acan, Querétaro, and Vera Cruz). (7) Those wh
contravene the provisions of the Federal constituti
right to organize syndicates, etc., and to engage in
shutdowns (Coahuila). (8) Those which require m
secutive days' work, night work in industry ex
industries, dangerous or unhealthful work or overt
for young persons under 16 years of age, steady w
in commercial establishments, the services of c
years of age, and those which fix a lower wage tha
person for the same work, on account of age,
(Chihuahua) .
When Contracts Are Void.

The Chiapas law provides that in the following ca

be null and void: (1) Incompetence to contract
error; (2) violation of the provisions concernin
employment (12 years), the 6-hour day for chil
years of age, and requirements for written con
provisions about wages and form of payment. It
ever, that a contract void because oí legal forma
if ratified or voluntarily complied with at any tim
In Querétaro "a contract will not be considered
it causes injury to the worker."
Enforcement.

The Chihauhua, Michoacan, Querétaro, Sinaloa, Sonora, and Vera

Cruz laws provide that for nonperformance of contract a worker will
incur only the corresponding civil responsibility but there can be no
coercion or violence to his person to compel performance of the con-
tract. In Campeche questions concerning the interpretation, validity,
and effects of contracts and, in general, everything not covered by
the labor law will be governed by the common law. This law also
provides that when there is doubt as to the meaning of any part of a
contract the interpretation most favorable to the worker shall be
made. In Chihuahua, Sinaloa, Sonora, and Vera Cruz contracts are
to be enforced according to the provisions of the labor law so far as
they go and then according to the Civil Code. In Coahuila questions
arising as to lawful cause of discharge or quitting the employment
are to be settled by the municipal boards of conciliation ana arbitra-
tion and in Vera Cruz by either the municipal boards or the central
board, as the case may be.
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 LABOR LAWS AND COURT DECISIONS. 199

Revision of Contracts.

In only one State (Yucatan) does the law make provision

revision of contracts. This law permits the workers to "mo
wage provisions of contracts every time the articles of prime n
increase in price or when for any reason the cost of living in
Individual Contracts.

While the foregoing provisions apply to contracts in general

are a few provisions applying only to individual contracts.
ing to the laws of Campeche, Chihuahua, Coahuila, Mic
Puebla, Querétaro, and Vera Cruz, individual contracts
either oral or written, but in the Chihuahua and Puebla law
modified to require written contracts with young persons
years of age, and in Chihuahua, employers having 100
workers in their employ, must make written contracts w
permanent employees and workers. The Chiapas law requi
tracts for a period longer than three months to be made in
before the president of the municipality. In Sinaloa an
contracts are to be made in writing but, if there are two w
the lack of a written contract does not deprive the worke
right to recover wages earned nor release the employer from
for accidents. In Yucatan all contracts must be made in wr
Other Provisions.

That portion of the contract law which relates to special

of labor, as women and children, apprentices, agricultural
domestic servants, salaried employees, miners, etc., will be
a subsequent article.

Employers' and Workers' Organizations.

INASMUCH
only bybythetheemployers
as collective and agreements
and workers workers according
who are organized who may are usually organized be negotiated according
to the labor law, a study of the provisions relating to such agreements
must be prefaced by a survey of that portion of the laws which relates
to employers' and employees' organizations.

Right to Organize.

Seven of the 12 available laws which cover this subject repeat in

essentially the same words the provisions of article 123 of the Federal
constitution granting to both employers and workers the right to
unite in defense of their respective interests (Campeche, Chiapas,
Chihuahua, Michoacan, Querétaro, Sinaloa, and Sonora). In seven
of the States (Campeche, Coahuila, Puebla, Sinaloa, Sonora, Vera
Cruz, and Yucatan) employers may not discharge a workman be-
cause he belongs to a union and in six of the States (Chihuahua,
Coahuila, Michoacan, Querétaro, Sinaloa, and Sonora) an employer
may not, by threats or otherwise, compel a workman to witndraw
from a union.

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 200 MONTHLY LABOE REVIEW.

Organization.

The general term "syndicate" (sy ridicalo) Ì3 used

employers' and workers' organizations, and i& defined
laws (Chihuahua, Coahuila, Michoacan, and Quer
group of employers or workers constituted exclusively
promotion, and defense of their common interests.
law applies only to workers' syndicates and limits t
to workers in the same or similar or related occupa
the term " league of resistance " (liga de resistencia) is
organizations.
All the laws provide that syndicates which are organized and regis-
tered according to the provisions of the law are to be regarded as legal
persons apart from their members. The laws of Michoacan, Queré-
taro, and Vera Cruz provide that no one may refuse to treat with a
legally constituted workers' syndicate or trade-union, and the Coahuila
law requires employers to recognize the representatives appointed by
workers' organizations.
Of those States having laws which specify the minimum number of
members of legally constituted syndicates, Sinaloa and Sonora
require 2 employers and 50 workers, Chihuahua 3 employers and
25 workers, Coahuila 5 each and Chiapas 10 each of employers and
workers, Campeche 5 employers and 10 workers. Puebla 25 workers,
Vera Cruz 20 workers, and Yucatan 20 employers and 25 workers in
the same or similar industries and in the same industrial district.
The law of San Luis Potosí provides for associations composed,
respectively, of at least 3 employers and 25 workers in the same
occupation or trade or in the same establishment. Three or more
associations in the same branch of labor may in turn unite to form
a syndicate.
There are provisions in all the laws to the general effect that the
establishment of the organization must be recorded in a registered

y-laws
Eublic of the
y-laws syndicates.
document. of theInsyndicates.
Chiapas, Chihuahua,
All of the InCoahuila, San contain Chihuahua, provisions concerning Coahuila, San the
laws Chiapas,
Luis Potosí, Sinaloa, Sonora, and Vera Cruz they must be approved
by the members; in Campeche they must be approved by the depart-
ment of labor, and in Yucatan by the central board of conciliation and
arbitration; in Chiapas, Chihuahua, Coahuila, Puebla, Sinaloa, Sonora,
Vera Cruz, and Yucatan a copy of the by-laws must be filed with the
office in which the organization is registered and in Vera Cruz with
the central board of conciliation and arbitration also. In four States
(Chihuahua, Coahuila, Puebla, and Vera Cruz) the law specifies
certain matters that must be included in the by-laws, as, for example,
the name, headquarters, and object of the organization, the conditions
of membership, the mode of collection and administration of the funds,
and the duties of the executive committee and how its members are
chosen.
Registration of the syndicates is as follows : With the city council
and the department of labor in Campeche; with the city council in
Chiapas, Chihuahua, Coahuila, San Luis Potosí, Sinaloa, Sonora,
and Vera Cruz; with the municipal board of conciliation and arbitra-
tion in Michoacan and Querétaro; with the bureau of labor in Puebla
if the organization is located in the capital, otherwise with the muniei-
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 LABOR LAWS AND COURT DECISIONS. 201

E aaalChihuahua,
Chihuahua,Sinaloa,
offices; and with
SonoraSinaloa,
registration
the labormust take placeSonora registration (bólsa del trabajó) must in take Yucatan, place
and exchange
within 30 days, and in Chiapas within 15 days after organization is
effected. In Chiapas, Chihuahua, Sinaloa, and Sonora notice of the
organization of a new syndicate must be sent to the central board
of conciliation and arbitration before the syndicate in question begins
its activities. In San Luis Potosí similar notice must be given the
State executive.
Six States require the syndicates to submit reports : In Chihuahua
to the municipal government every six months, in Coahuila and
Vera Cruz to the municipal authorities every month, in Michoacan
and Querétaro to the municipal board of conciliation and arbitration
every month, and in Puebla to the municipal government or the
bureau of labor whenever requested.
The laws of six States (Chihuahua, Coahuila, Michoacan, Puebla,
Querétaro and Vera Cruz) provide that syndicates may be taken off
the register as a penalty for doing any of the things specifically pro-
hibited to them, Dut they must first be given a hearing.
Under the Chihuahua" law public employees may not organize for
thepurpose of carrying on strikes.
The s}Tndicates may group themselves into federations and con-
federations, in which case the same provisions of the law apply,
except as regards the number of members, and the office with which
they register.
Prohibited Acts.

Some of the laws contain provisions specifically prohibiting certain

acts to the s}-ndicates, as follows: (1) The use of coercion to compel
anyone to join the organization (Chihuahua, Coahuila, Michoacan,
Querétaro, and VeraCruz); (2) engaging in political activities (Chi-
huahua, Michoacan, Querétaro, and Vera Cruz); (3) engaging in re-
ligious activities (Chihuahua, Michoacan, Puebla, Querétaro, and
Vera Cruz) ; (4) engaging in any other affairs foreign to the purpose
of the organization (Chihuahua, Coahuila, Michoacan, and Queré-
taro) ; (5) the admission of anyone to membership who is engaged
in spreading seditious propaganda (Michoacan, Querétaro, and Vera
Cruz) ; (ö) compelling anyone by any other means than convincing
persuasion to join the organization or if already a member to con-
tinue his membership (Michoacan and Querétaro) ; and (7) taking
advantage of the social action of the proletariat for oersonal ends
(Querétaro) .
Agreements of Organizations.

Generally collective agreements aro governed by the laws relating

to contracts in general as regards duration, provisions, and termina-
tion. Those provisions relating only to collective contracts will be
noted at this point.
Collective agreements are defined in the Campeche, Chiapas, and
Coahuila laws as agreements made by representatives of workers'
organizations, or any other group of workers with an employer, an
employers' syndicate, or any other group or association of employers
with the object of establishing certain conditions with whicli con-
tracts made with individual members of the organizations must
conform. They arc defined in the Michoacan, Querétaro, Sinaloa,
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202 MONTHLY LABOR REVIEW.

Sonora, and Yucatan laws as those made betw

legally constituted company and a group of worke
represented.
Each law provides that the agreements may be
tween legally constituted workers' organizatio
employers or legally constituted employers' org
that in Coahuila, Michoacan, Querétaro, and Ver
also be made by persons who are authorized in writi
are required in Michoacan and Querétaro) to mak
tracts for the workers in question. In Campeche
made by resolution of the boards of conciliation.
Collective agreements must be made in writing
be registered with the specified authorities (a
Querétaro, and Vera Cruz), and be made in dupli
Chihuahua, Michoacan, Puebla, Querétaro, and Son
(Yucatan).
They are to be registered with the city council in Campeche,
Chiapas, Chihuahua, Coahuila, Sinaloa, ane Sonora (after being
approved by the board of conciliation and arbitration in Coahuila) ;
with the bureau of labor and social welfare in the capital of Puebla
and with the presidents of the municipalities in the rest of the State;
and with the local board of conciliation in Yucatan. In Coahuila
and Puebla the register of contracts and labor and employer or-
ganizations is open to the public as is also the register of organiza
tions in Yucatan.
Coverage . - The laws of five States contain provisions concerning
the coverage of collective agreements. Two of them (Campeche
and Coahuila) provide that employers or employers' organizations
in making a collective agreement may bind themselves to apply its
provisions (1) only to the members of the workers' organization with
which they have contracted, (2) to all of a specified class of workers,
or (3) to all workers in a specified district of the State. The cor-
responding provision in the Yucatan law is slightly different, in that
the employers may make the contract applicable only to the members
of the organization (league of resistence) with which the contract
is made or to all the league members who work in the locality.
Likewise in Campeche, Coahuila, and Yucatan the workers' organi-
zation making the agreement may bind themselves to apply its
provisions (1) only to the employers or employers' organizations with
which the contract is made, or (2) to all tne employers of a specified
district of the State. The provision in the Coahuila law includes
also the phrase "or to a specified majority of the employers," and the
Yucatan law " or to a specified class of employers."
In Campeche, Chiapas, Coahuila, ana Ýucatan "the agreement
will include and be binding upon those who join the respective organi-
zations after the contract has been made and registered," but in
Chiapas such new members must be informed of the terms of the
contract when joining. In Puebla when the agreement is for a speci-
fied piece of work it includes all the employers, the representatives
of the syndicate, and the members of the syndicate regardless of when
they joined, and when it is for a fixed period the representatives of
the workers' syndicates may replace workers in case of their temporary
or permanent absence.
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 LABOR LAWS AND COURT DECISIONS. 203

In Campeche and Chiapas the agreement will be binding

members of the contracting organizations unless within a w
the contract is presented for registration they file with the
tion a written notice of intention not to be bound by it and t
from the organization, and in Puebla when a member r
begin or to continue work under the agreement and giv
written notice to that effect to the representative of the
he may at once be replaced.
The laws of two States (Campeche and Puebla) provid
worker who without a previous contract engages in perf
task, without opposition from the employer or his repre
will have the same rights and obligations as the others
performed the same work under contract.
Other provisions on this subject are that in Chiapas ag
will also apply to employers or workers who do not belong t
cate but have met together to conclude an agreement and
who contract through attorneys, the power of attorney being
in writing, and iñ Coahuila they apply to employers ana
who have conferred a written mandate to enter into an a
to members of the contracting organizations even though th
not present when the agreement was made, and to other org
if they make known to the contracting parties their adhere
agreement.
Only two laws (those of Chiapas and Coahuila) have provisions
concerning the situation which arises when one party to an individual
contract is bound by a collective agreement and the other is not.
In such cases the provisions of the collective agreement will be
applied to the individual contract unless there is some provision to
the contrary in the latter contract. If there is such a provision the
party bound by the collective agreement will be responsible to those
with whom he contracts for damages arising from nonperformance
of any part of the individual contract.
Two laws contain provisions relating to unorganized workers;
the Campeche law grants to such workers the same rights and advan-
tages as are enjoyed by those included in the collective agreements,
especially with respect to wage increases, while according to the
Yucatan law they are not to enjoy the "wage increases and other
advantages gained by organized labor by means of their leagues of
resistance and other associations."
Duration and termination . - Only two States have special pro-
visions, apart from those relating to contracts in general, concerning
the duration of labor contracts. In Coahuila they may not be for
more than two years, and if the term is not specified it is to be one
year unless that would not be to the best interests of the workers,
and in Puebla when the date of termination is not given the agree-
ment will be considered to be for an indefinite period.
Four States (Campeche, Sinaloa, Sonora, and Yucatan) have
special provisions concerning the termination of collective agree-
ments. According to these laws collective agreements terminate
(1) upon conclusion of the work contracted for, (2) on account of
force majeure, and (3) by mutual consent. In Yucatan rescission
of an agreement may take place by agreement before a board of

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204 MONTHLY LABOR REVIEW.

conciliation or by decision of the central board o

arbitration.
Enforcement.- The laws of three States contain specific provisions
concerning the enforcement of collective agreements, but in all of
the States there are boards of conciliation to settle disputes arising
from labor contracts, both individual and collective.
According to the Chiapas law the members of the respective em-
ployers' ana workers' organizations are jointly responsible for per-
forming the contract. Syndicates may intervene as third parties
when some of their members are bringing action against the other
party. When a collective agreement has been breached the organisa-
tion or its members who are parties to it may demand that Qie one
violating it be held responsible, and bring suitable action if the guilty
party still refuses to comply with the terms of the agreement. The
actions brought by the syndicates affect not only the organization
as a whole but also any of the individual members who have not
given notice in due form that they will not be bound by the agree-
ment. The interested individual may attend the suit as a third
party. The property of the organization may be held to indemnifv
the losses caused by a violation of the agreement, and in cases in which
the representatives or directors are responsible as agents they will
be hela responsible with the organization.
According to the Coahuila law, even though collective agreements
are to be in writing, the rights can be enforced both collectively and
individually when a collective agreement is oral, without having to
prove any mandate of the individual interested in the matter. The
interested individual may attend as a third party. When any
member of any organization which may have entered into a collective
agreement or any individual affected dv this contract institutes suit
to recover damages for violation of the contract the organization
may be present at the suit as a third party because of the collective
interests. As in Chiapas the property of the organization may be
held to indemnify losses caused by breach of the agreement, and the
representatives or directors of the organization are liable only with
their own property.
The Puebla law provides that when any member or members of a
workers' organization violate a collective agreement, the employer
may take action only against the individual concerned just as if an
individual contract had been concluded. When the violation con-
cerns individual members action may be taken by them individually,
but if it directly affects all the members the organization will bring
the action to recover damages.
[This article will be concluded in the September issue of the Monthly Labor
Review.]

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