Juarez City.- Since the entry into force of the new labor justice system on October 3, the State Judiciary has issued 80 “precautionary orders” in favor of pregnant women and those who have been fired from their jobs; measures, for the most part, issued to protect access to the Mexican Social Security Institute, explained Ángel Ortiz, labor judicial management coordinator of the Superior Court of Justice (TSJ).
In an interview, the official added that, unlike the previous legal framework, these measures are issued in the new courts “ex officio”, as soon as the plaintiff comes and proves her prior right.
“The novelty of the reform is the third fraction (of article 857 of the Federal Labor Law), which speaks of the need to protect pregnant women in the workplace; We know that there are still practices in companies of not hiring or firing pregnant women,” said Ortiz.
“That motivates this reform to give this obligation to the court and, when a woman proves that she is pregnant and indicates that she was fired for that circumstance, she is given, even ex officio, medical care by order of the court; it is since the lawsuit was filed,” added the official.
The total number of measures for the benefit of pregnant women is 57 percent of the total of 141 “precautionary provisions” ordered by labor judges, and which include others for the protection of other vulnerable groups, such as minors or people with work accidents.
Of the total number of measures issued in the entity, 34 were applied in the Bravos Judicial District –to which Juárez belongs–, where the majority, 24 cases, were also for the benefit of pregnant women.
Eight other cases counted in Bravos last January, according to the TSJ statistics available on its website, resulted in a negative response to “the request to refrain from removing a pregnant worker from the social security institution,” the which, according to Ortiz, occur when affiliation to the medical service institution is not verified.
Section three of the aforementioned article of the LFT indicates that the court may “require the employer to refrain from deregistering from the social security institution in which the pregnant worker who has been dismissed is affiliated, when in the Court’s opinion there are sufficient evidence to presume that she was separated due to her condition.”
The measure, the paragraph adds, “will be applied as long as the demand is accompanied by a medical certificate proving the pregnancy.”
srodriguez@redaccion.diario.com.mx
2023-08-20 20:54:43
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