THE LABOR FILE

THE LABOR FILE:

An Instrument to check the general conditions

Of work and seniority in employment

In practice, both the hiring process and the

termination of employment relationships represents core operations
for every company, especially for the human resources department
humans, for the data and documents of the workers that must
be obtained in such processes and be preserved for a specified period.

This means that the time for hiring staff is ideal for
require new members to submit the necessary documentation (copy of the minutes
birth certificate, certificate of registration with the IMSS, issued by the
último empleador
etc.) to fully integrate a labor file where the will be included
general working conditions and the seniority of the worker in the
employment.

Likewise, the moment of separation or dismissal is opportune to gather

resignation letters, administrative minutes, and termination notices
that support the settlements or labor liquidations, in order to avoid
work conflicts before the competent authorities due to lack of the
same, since article 784 of the LFT provides that in case there is an
a labor dispute, the Conciliation and Arbitration Board (JCA) will exempt the
burden of proof worker and will require the employer to present
such documents, like the following:

1. Employee entry date.

2. Antiquity.

3. Absences.

4. Causes for termination of the employment relationship.

5. Termination of the employment relationship or work contract by project or time

determined, as stated in the LFT.
6. Certificate of having notified the worker in writing of the date and
cause of dismissal.

7. Employment contract.

8. Duration of the workday.

9. Payment for days of rest and mandatory.

10. Enjoyment and payment of vacation.

11. Payment of Sunday, vacation, and seniority bonuses.

12. Amount and payment of salary.

13. Payment of the PTU.

14. Incorporation and contribution to the National Housing Fund.

Therefore, when hiring personnel it is important to require the

new elements the necessary documentation to integrate your file
personal, which will continue as long as the employment relationship persists.

Despite the importance of collecting this information, the majority of the

companies neglect this aspect, as they consider it unnecessary to train a
file that will "never" be used.

Thus, the data required by labor authorities, at a moment

given, are located in various documents, which must be identified and
remain within reach to avoid inconveniences. The following items are listed
the necessary documents to preserve and obtain information from a
employee:

Source document Information obtained

Job application.

Individual employment contract. General data and period of hiring

Individual employment contract.

Registration certificate with the IMSS (Afil-06, referred to as 'Relationship of

operations carried out through the IMSS system from your company.
ISDE-).

Payroll receipts Date of entry to the company.

Evaluation control.

Individual employment contract. Work seniority.

Payroll receipts.

Disabilities issued by the IMSS.

Incident control (such as absences, permissions, and incapacities),

Attendance cards or lists. Justified or unjustified absences.

Individual employment contract.

Certificate of registration with the IMSS (Afil-06, called 'Relationship of

operations conducted through the ISDE.

Control of special authorizations to work overtime.

Cards or attendance lists.

Settlement or liquidation. Duration of labor relations, working hours of

work and days off.

Control of enjoyed vacation.

Pay slips. Payment of vacations and the corresponding bonus.

Signed payroll receipts by the staff.

Debit card contract, used to pay salaries.

Control of special authorizations to work overtime.

Payment of regular salary, overtime, or holidays.

Payroll receipts and controls managed by the granting of

benefits provided by labor law. Payment of Christmas bonus, vacation,
PTE, bonuses, vouchers, etc.

Certificate of registration with the IMSS (Afil-06, called 'Relationship of

operations conducted through the ISDE.

Payments made through the liquidation certificates issued by the

Unique system of self-determination. Registration with the IMSS and Infonavit.

Settlement receipt or liquidation Seniority bonus.

CURP Certificate.
Statement of account from the respective Afore.

Payroll receipts.

Registration notice before the IMSS (Afil-02).

Professional ID with CURP. CURP.

Job application.

Personal references.

Recommendation letters from previous jobs, whose data will be verified.

with those registered in the job application or in the resume. References
personal.

Individual employment contract.

Life insurance contract. Marital status

Copy of official identifications.

Socioeconomic study conducted by the company.

Birth certificate.

Credential issued by the company. Identity and age.

Job application.

Proof of studies.

Knowledge exam conducted by the company (when scheduled)

apply it.)

Professional license.

Tax identification card (with the corresponding RFC code).

Technical or professional knowledge.

In order to deepen the analysis of this topic, the following is indicated

purpose of obtaining and preserving some of the listed documents.

Job application. It is not a document required by law; however

its usefulness lies in that thanks to it various data can be obtained from the
applicant, such as general information, level of education, skills and
technical knowledge, economic characteristics, background of
work and reasons for separation, knowledge about the position that
request, etc.

In this way, it is important for the candidate to request the application for
own hand, for in case he has falsified the information, it will be
proof of this, which makes it vital to keep the original document.

Employment contract. It must be the original, and it is recommended to verify that the
the information contained in it perfectly establishes the
general working conditions and in accordance with what is stipulated in the
internal work regulations. If necessary, it will need to be updated
clauses through annexes or definitively renew their content;
Of course, the appropriate comments will need to be made with the or the
workers in question.

Certificate of registration with the IMSS (Afil-06 "Relationship of movements

operated through the IDSE'). At the moment of entering, the employee must
provide your social security number to the company. It is advisable
that provides the registration certificate with the IMSS of your employment
previous, if he had already been insured as a worker, in order to
ensure that the membership number you provide is correct.

Birth certificate. It is recommended to compare with the original, to confirm the

accuracy of the information provided by the worker. It is advisable
mainly in the case of minors, as labor law prohibits
the use of child labor under 14 years old.

Proof of studies. It is necessary to have a copy in the file of the

proof of the latest studies, with the purpose of confirming that the
The candidate has the academic level that the position requires.

Professional license. It is the proof that the holder has a license to

practice your profession; depending on the position, it will be necessary to request it or
Well, in some cases, certain activities cannot be carried out if ...
it is not available.
Work permit in the country. In case the employee is
foreigner, it is essential that you have the permit issued by the
Ministry of Foreign Affairs.

Other important documents

In addition to obtaining the documents mentioned at the beginning of the relationship

At work, it is necessary that as time goes by, others are included.
worker's file, which may be essential at the time
to conclude such a bond, as they will serve to prove that they have
fulfilled the obligations established by labor law in a timely manner.
Some of them are the following:

Payroll receipts.

2. Receipt of tools and work equipment.

3. Notice of seniority with notification of vacation rights.

4. Vacation receipt and vacation bonus.

5. Christmas bonus receipt.

6. Employee notices (shift changes or meal times,

promotions, etc.

7. Administrative records that involve you.

8. Notice of termination, if applicable.

9. Settlement receipt or liquidation, among others.

Deadline for keeping the documentation

According to article 804 of the LFT, the employer has the obligation to
keep the following documentation for the period indicated:

Document Retention Period

Individual employment contract. While the employment relationship lasts and up to a

a year later

Payrolls, pay lists or payment receipts.

Attendance controls.
• Proof of payment for Christmas bonus, vacation, profit sharing
utilities and premiums referred to by the LFT. During the last year and up to a
year after the employment relationship has ended.

The statute of limitations provided in the must also be considered.

articles 517, 518, and 519 of the LFT, regarding the actions that the
workers will be able to undertake for the reasons that follow
they point out:

One month, to separate from their job, when the workers resign.
the labor relationship referring to some of the causes provided in the article
51 of the LFT.

2. Two months, for the actions of the workers who are separated from
your job.

2 years to claim compensation for risks

work; for the actions of the beneficiaries due to the death of the worker
caused by a work-related risk and the request for the enforcement of the rulings of the
JCA and agreements made before them.

The convenience of designing a format for internal use should not be overlooked in
the company, which will have the following purpose:

Indicate to the personnel responsible for hiring the documentation that

they must gather at the time of the workers' entry, in order to
integrated later into the personal file.

2. Indicate to the payroll managers that at the moment of finishing

terminate any employment relationship, first obtain a letter of
voluntary resignation or the administrative record and the termination notice that
justify the termination of the worker, with the purpose of settling or
liquidate their services in accordance with the LFT.

In accordance with the previous formality, the employers will have the documentation.
necessary to smoothly carry out the required tests by the
competent authorities, if applicable.
The referred format must be at the beginning of each of the
files to serve as a guide and control for the person responsible for the
the same, who will easily identify the documentation included in them.

This form should be adapted to the company that uses it, depending on the
activity carried out by the staff and can be separated or classified by
department or work areas.

The human resources staff will review the files in a manner

periodic, so that they are in order, with the documentation and the
updated controls.

Guide to integrating the personnel file

Immediately, an example of a guide to integrate the file is presented.

personal, as well as the necessary documents to have an adequate
internal control:

Cover

Company_________________________________

Area or department of affiliation ________

____________________

Date of admission_________________________

Position__________________________________

Immediate supervisor___________________________ Photograph of the holder

List of required personal documentation

Document

Job application or resume

Copy of the birth certificate

Proof of address
Copy of marriage certificate, if applicable

Copy of study certificate

Copy of official identification

Copy of recent account statement from the respective Afore

Copy of the CURP (if the holder has it)

Proof of registration with the IMSS (Afil-06 "Movement Report"

operated by the IDSE.

Letter(s) of recommendation

Copy of