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Collective Labor Contract

 

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Title:

Collective Labor Contract

Entities:

Innophos, Inc.

Date:

2005

Size:

Preview shows 43KB of 118KB total

Price:

$51

ID:

#1568819

 

 

► Employment ► Labor ► Collective Labor Agreements

 

 

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LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

COLLECTIVE LABOR CONTRACT FOR THE COMPETITIVENESS AND PROFITABILITY OF THE PRODUCTIVE FACTORS, ENTERED INTO BY THE WORKERS UNION FOR THE CHEMICAL, PETROCHEMICAL, CARBON CHEMICAL, SIMILAR AND RELATED INDUSTRIES OF THE MEXICAN REPUBLIC, WITH DOMICILE IN INSURGENTES SUR AVE. NUMBER 756, COLONIA DEL VALLE, ZIP CODE 03100, MEXICO CITY, AND INHOPOS FOFATADOS DE MÉXICO, S. DE R. L. DE C.V. WITH DOMICILE IN COMPLEJO INDUSTRIAL PAJARITOS COATZACOALCOS. VERACRUZ, ZIP CODE 96830.

 

PARTIES

 

THE WORKERS UNION FOR THE CHEMICAL, PETROCHEMICAL, CARBON CHEMICAL, SIMILAR AND RELATED INDUSTRIES OF THE MEXICAN REPUBLIC, STATES TO BE LEGALLY INCORPORATED AS PER THE FEDERAL LABOR LAW, REPRESENTED BY MR. GILBERTO MUÑOZ MOSQUEDA, ACTING AS THE GENERAL SECRETARY OF THE NATIONAL EXECUTIVE COMMITTEE (C.E.N) OF SUCH, AND THAT IT IS REGISTERED BEFORE THE GENERAL OFFICE FOR COOPERATIVE ORGANIZATIONS AND ASSOCIATIONS BEFORE THE SOCIAL PREVISION AND LABOR SECRETARY UNDER NUMBER 3137, AND THAT IT IS A MEMBER OF THE MEXICAN WORKERS CONFEDERATION (C.T.M.)

 

INHOPOS FOSFATADOS DE MÉXICO, S. DE R. L. DE C.V. STATES TO BE A MEXICAN CORPORATION DULY INCORPORATED AS PER THE MEXICAN LAW, PREVIOUS PERMIT GRANTED BY THE FEDERAL GOVERNMENT AS PER THE CHARTER OF INCORPORATION IN PUBLIC DEED NUMBER 15,232, AS OF AUGUST 17TH, 2004, AND TAT IS THE FULL OWNER OF THE INDUSTRIAL FACILITY FOR THE ELABORATION OF CHEMICAL PRODUCTS, REPRESENTED BY LIC. PABLO GERARDO LOPEZ SANCHEZ ACTING AS LEGAL REPRESENTATIVE OF SUCH COMPANY, WHICH IS ESTABLISHED IN ITS DOMICILE COMPLEJO INDUSTRIAL DE PAJARITOS, COATZACOALCOS, VERACRUZ.

 

LEGAL PERSONALITY

 

UNION AND COMPANY RECOGNIZE TROUGH THEIR LEGAL REPRESENTATIVES THE PERSONALITIES OF EACH OTHER AND APPEAR TO EXECUTE AND SIGN THIS COLLECTIVE LABOR CONTRACT, AS PER THE FOLLOWING

 

STATEMENT

 

UNION AND COMPANY, RECOGNIZE THAT THEY HAVE THE COMMITMENT TO DIRECT, PROMOTE AND ESTABLISH A MODERN CULTURE AMONG THEIR PERSONNEL, IN WHICH THE SENSE OF PERTAIN OR PROPERTY IS DEVELOPED BY THE PROCESSES AND FACILITIES, FOMENTING PARTICIPATIVE ATTITUDE AND BEHAVIOR FOR TEAMWORK AND CONTINUOUS IMPROVEMENT, WITH CREATIVITY, EFFORT AND THE PRACTICE F VALUES THAT CONTRIBUTE TO THE MISSION OF THE COMPANY AND THEREFORE AGREE TO ESTABLISH TRAINING PROGRAMS FOR NEW EMPLOYEES AND OFFER THOSE ALREADY IN THE FACILITY THE OPPORTUNITY OF DEVELOPMENT, ACQUIRING KNOWLEDGE AND ABILITIES UNDER THE TERMS OF THE OPERATION MANUALS, MODERNITY, QUALITY, SECURITY, HEALTH AND ENVIRONMENT, ACCORDING TO THE TRAINING, SKILLS AND SELF DEVELOPMENT OF THE EMPLOYEE SYSTEMS, GRANTING THEREFORE THE FOLLOWING

 

Procedure No.: CCT-001

Issue Date: February /05

Last review: June /02

Review Frequency: Annual

Next Review: February /06

Page No: 1 of 11

 

A U T O R I Z A C I O N E S

 

 

LIC. ADRIAN ALMEIDA

SOSA

 

Human Resources and

Communication Director

 

C. GILBERTO MUÑOZ

MOSQUEDA

 

General Secretary

S.T.I.Q.P.C.S.Y C. DE LA R.M.


LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

CLAUSES

 

FIRST.- THE COMPANY RECOGNIZES THE UNION AS THE SOLE AND LEGITIMATE REPRESENTATIVE OF THE PROFESSIONAL INTEREST OF THE SYNDICATED FACTORY WORKERS AFFILIATED TO SECTION 23 OF THE WORKERS UNION FOR THE CHEMICAL, PETROCHEMICAL, CARBON CHEMICAL, SIMILAR AND RELATED INDUSTRIES OF THE MEXICAN REPUBLIC THAT PROVIDE THEIR SERVICES. THE PRESENT CONTRACT SHALL GOVERN AT THE INDUSTRIAL UNIT LOCATED INSIDE TE PETROCHEMICAL COMPLEX “PAJARITOS” IN COATZACOALCOS, VERACRUZ, AND TO BE THE EXCLUSIVE TITLE HOLDER AND ADMINISTRATOR OF THE PRESENT CONTRACT AND ALSO ANY OTHER AGREEMENT EXECUTED BETWEEN THE COMPANY AND THE WORKERS SHALL BE SANCTIONED BY THE C.E.N. OR PERSON APPOINTED BY IT.

 

SECOND.- UNION AND COMPANY HAVE TE RESPONSIBILITY TO HIRE PERSONNEL ACCORDING TO THE FOLLOWING REQUIREMENTS:

 

A.- TO BE A MEMBER OF THE UNION

B.- PROVE TO HAVE A HIGH SCHOOL, TECHNICAL HIGH SCHOOL OR TECHNICIAN DEGREE.

C.- TO PASS THE ADMISSION EXAMS ESTABLISHED BY THE COMPANY.

 

THIRD.- UNION AND COMPANY AGREE THAT REGARDING LABOR RELATIONS, SOCIAL SECURITY, ENVIRONMENT, ETC. AND ALSO EVERYTHING ELSE NOT PROVIDED IN THIS CONTRACT, THE PROVISIONS OF THE MEXICAN LAW AND THE CONTRACTS EXECUTED BETWEEN THE COMPANY AND THE UNION SHALL GOVERN, AND THAT ARE APPLICABLE TO THE PARTICULAR CASE. (FEDERAL LABOR LAW, SOCIAL SECURITY LAW, GENERAL ENVIRONMENTAL PROTECTION LAW; TRAINING AGREEMENT; ETC) ALSO THE COMPANY SHALL AFFILIATE ITS WORKERS TO THE SOCIAL SECURITY INSTITUTION (I.M.S.S.), PAYING THE RESPECTIVE PATRON/WORKER FEE:

 

FOURTH.- WHEN, UNDER ANY CAUSE A WORKERS STOPS PERTAINING THE UNION, THE COMPANY WITHOUT LIABILITY, OBLIGES TO CEASE THE WORKER, PRIOR REQUEST IN WRITING TO THE CONTRACTING UNION.

 

FIFTH.- IT IS THE RESPONSIBILITY OF THE PARTIES THE CONSTITUTION AND GOOD FUNCTION OF THE TRAINING COMMISSIONS, SECURITY AND HEALTH AND ALL OTHERS THAT ARE MANDATORY BY LAW.

 

Procedure No.: CCT-001

Issue Date: February /05

Last review: June /02

Review Frequency: Annual

Next Review: February /06

Page No: 2 of 11

 

A U T O R I Z A C I O N E S

 

 

LIC. ADRIAN ALMEIDA

SOSA

 

Human Resources and

Communication Director

 

C. GILBERTO MUÑOZ

MOSQUEDA

 

General Secretary

S.T.I.Q.P.C.S.Y C. DE LA R.M.


LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

SIXTH.- THE COMPANY SHALL TRAIN ITS WORKERS AND SUCH SHALL ACCEPT TRAINING AS PER CHAPTER III BIS OF THE FEDERAL LABOR LAW, UNDER ARTICLE 153 FROM WHICH THE FOLLOWING PROVISIONS ARE STATED AND NOT LIMITED TO:

 

ARTICLE 153 A.- ANY WORKER HAS THE RIGHT TO BE TRAINED BY ITS EMPLOYER AT WORK, TO PERMIT THE UPGRADE OF ITS QUALITY OF LIFE AND PRODUCTIVITY, AS PER THE PLANS AND PROGRAMS ELABORATED IN AGREEMENT BETWEEN THE EMPLOYER AND THE UNION OR ITS WORKERS AND, IF IT APPLIES, APPROVED BY THE LABOR AND SOCIAL PREVISION SECRETARY.

 

ARTICLE 153 B.- IN ORDER TO BE ABLE TO FULFILL THE OBLIGATION PROVIDED UNDER THE FORMER ARTICLE, EMPLOYERS CAN AGREE WITH THEIR WORKERS THAT ALL TRAINING SHALL BE PROVIDED WITHIN THEIR WORKING FACILITY OR OUTSIDE, GRANTED BY OWN PERSONNEL OR SPECIALLY CONTRACTED INSTRUCTORS, INSTITUTIONS, SCHOOLS OR SPECIALIZED ORGANIZATIONS OR TROUGH THE ADHERENCE TO GENERAL SYSTEMS ESTABLISHED AND REGISTERED BEFORE THE LABOR AND SOCIAL PREVISION SECRETARY.

 

ARTICLE 153 E.- TRAINING MENTIONED IN ARTICLE 153 A, SHALL BE PROVIDED TO THE WORKER DURING LABOR HOURS, UNLESS ATTENDING TO THE NATURE OF THE EMPLOYER SERVICES AND THE WORKER, AGREE TO BE PROVIDED IN ANY OTHER WAY; AND ALSO IN THE EVENT THAT THE WORKER WISHES TO TRAIN FOR A DIFFERENT ACTIVITY THAN THE ONE WORKING IN, THEREFORE IN THIS CASE, TRAINING SHALL NOT BE DURING LABOR HOURS.

 

ARTICLE 153 F.- THE PURPOSE OF TRAINING SHALL BE:

 

I.- UPDATE AND IMPROVE KNOWLEDGE AND ABILITIES OF THE WORKER IN ITS ACTIVITIES, AND TO PROVIDE THEM WITH INFORMATION REGARDING THE APPLICATION OF A NEW TECHNOLOGY IN SUCH.

 

II.- PREPARE THE WORKER TO FILL A VACANCY OR A NEWLY CREATED POSITION.

 

III.- TO PREVENT LABOR RISKS.

 

IV.- INCREASE PRODUCTIVITY.

 

V.- IN GENERAL TO IMPROVE THE WORKER SKILLS.

 

Procedure No.: CCT-001

Issue Date: February /05

Last review: June /02

Review Frequency: Annual

Next Review: February /06

Page No: 3 of 11

 

A U T O R I Z A C I O N E S

 

 

LIC. ADRIAN ALMEIDA

SOSA

 

Human Resources and

Communication Director

 

C. GILBERTO MUÑOZ

MOSQUEDA

 

General Secretary

S.T.I.Q.P.C.S.Y C. DE LA R.M.


LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

ARTICLE 153 G.- DURING THE TIME PERIOD THAT A NEW WORKER, WHICH REQUIRES EQUAL TRAINING FOR THE WORK TO BE OCCUPIED, RECEIVES SUCH TRAINING, THE WORKER WILL PROVIDED SERVICES AS PER THE GENERAL LABOR CONDITIONS THAT GOVERN IN THE COMPANY OR AS PER THE PROVISIONS OF THIS CONTRACT.

 

SEVENTH.- FOR ALL WORKS THAT DO NOT CORRESPOND THE NORMAL AND CONSTANT NEEDS OF PRODUCTION AND MAINTENANCE, THE COMPANY SHALL BE ABLE TO CONTRACT WORK FROM THIRD PARTIES UNDER THE EXCLUSIVE RESPONSIBILITY OF SUCH, IN REGARD THE WORKERS CONTRACTED BY THEM, THEREFORE WORKERS OF THE CONTRACTORS SHALL BE UNCONNECTED TO THE COMPANY AND THE PRESENT CONTRACT.

 

THE COMPANY IS OBLIGED TO NOTIFY THE UNION OF THE EXECUTION OF ANY CONTRACT REGARDING WORKS WITH A CONTRACTOR, UNDER A TERM NO LONGER THAT EIGHT DAYS AFTER THE DATE IN WHICH THE CONTRACT IS EXECUTED, BUT IN EVERY CASE BEFORE THE WORKS BEGIN, THIS NOTICE SHALL BE DELIVERED IN WRITING, WITH THE PURPOSE THAT THE UNION AND THE COMPANY AGREE THE BASES OF COLLECTIVE CONTRACTING OF SUCH CONTRACTOR WORKERS.

 

FOR LABOR CONDITIONS REGARDING ANNUAL PROGRAMMED STOPPAGE, FOR EQUIPMENT AND AREAS CLEANING, THE COMPANY SHALL REQUEST THE UNION FOR TEMPORARY PERSONNEL IN ORDER TO DO THESE WORKS.

 

EIGHTH.- BOTH PARTIES AGREE THAT THE WORKING LABOR WEEK SHALL BE OF 40 HOURS, WORKING DAILY FOR EIGHT HOURS, SEVEN AND A HALF HOURS OR SEVEN HOURS, WHEN WORK IS DAYLIGHT, MIXED OR NOCTURNE.

 

NINTH.- THE PRESENT COLLECTIVE LABOR CONTRACT IS EXECUTED FOR AND UNDETERMINED PERIOD OF TIME AND INDEPENDENTLY FROM THE DATE OF ITS REGISTRY, IT SHALL BE IN FORCE FROM 07:00 HOURS AS OF JUNE 15TH 2004, AND THEREFORE IT SHALL BE REVIEWABLE FROM 07.00 HOURS AS OF JUNE 15TH, 2005 REGARDING THE SALARY TABLE AND FROM 07:00 HOURS AS OF JUNE 15TH, 2006 REGARDING THE CLAUSES AND THE SALARY TABLE, AS LONG AS ANY OF THE PARTIES HAD REQUESTED THE REVIEW WITH THE ANTICIPATION PROVIDED BY ARTICLES 399 AND 399BIS OF THE FEDERAL LABOR LAW.

 

CONCEPTUAL FRAMEWORK

 

1.- UNION AND COMPANY RECOGNIZE THAT PRODUCTIVITY, COMPETITIVENESS, QUALITY, EFFECTIVENESS, PROFITABILITY, PERTAIN, COMMITMENT, LEADERSHIP, QUALITY OF LIFE, SECURITY AND HEALTH AD ALSO ECOLOGY ARE ELEMENTS THAT GUARANTEE THE DEVELOPMENT OF THE WORK SOURCE BUT BASICALLY ITS PERMANENCE, THEREFORE AGREE TO ESTABLISH MODERNITY PROGRAMS AND SYSTEMS WITHIN A FRAME THAT PERMITS THE ADAPTATION OF NEEDS THAT IN THE FUTURE MARKETS AND THE ENVIRONMENT REQUIRE, AND TO CONTINUE WORKING WITH THE COMMITTEE IN ORDER TO CARRY OUT THE MODERNITY OF COLLECTIVE CONTRACTING.

 

Procedure No.: CCT-001

Issue Date: February /05

Last review: June /02

Review Frequency: Annual

Next Review: February /06

Page No: 4 of 11

 

A U T O R I Z A C I O N E S

 

 

LIC. ADRIAN ALMEIDA

SOSA

 

Human Resources and

Communication Director

 

C. GILBERTO MUÑOZ

MOSQUEDA

 

General Secretary

S.T.I.Q.P.C.S.Y C. DE LA R.M.


LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

2.- COMPANY AND UNION RECOGNIZE THAT WITHIN THE LABOR RELATIONS THAT BINDS THEM, THE FUNDAMENTAL AND ESSENTIAL PURPOSE SHALL BE TO OBTAIN RESULT THAT BENEFIT AND SATISFY THE PERSONNEL, SHAREHOLDERS, CLIENTS AND COMMUNITY.

 

MISSION

 

TO DIRECT, PROMOTE AND ESTABLISH A MODERN CULTURE AMONG ITS PERSONNEL, FOMENTING THE ATTITUDE AND BEHAVIOR OF LABOR TEAMWORK PARTICIPATION AND CONTINUOUS DEVELOPMENT, WITH THE PURPOSE TO ASSURE DEVELOPMENT AND PERMANENCY OF THE BUSINESS, TROUGH COMPETITIVENESS AND PRODUCTIVITY, BASED IN CONFIDENCE AND RESPECT, SHARING THE RESULTS AMONG PERSONNEL, SHAREHOLDERS, CLIENTS AND COMMUNITY.

 

VISION

 

WE COMMIT TO ESTABLISH LABOR RELATIONS BASED IN A MODEL OF MODERNITY AND CHANGE ADEQUACY, SO THAT PERSONNEL ACKNOWLEDGES THE PROCESSES AND FACILITIES AS THEIRS, ACTING IN WORK TEAMS WITH CREATIVITY, EFFORT AND PRACTICING VALUES THAT CONTRIBUTE TO DE COMPANY’S MISSION.

 

3.- UNION AND COMPANY BASE THEIR RELATIONSHIP BY THE PRACTICE OF THE FOLLOWING 10 VALUES:

 

SHARED VALUES

 

A.- PROFESSIONALISM.
B.- CONFIDENCE.
C.- HONESTY.
D.- LOYALTY.
E.- HONOR.
F.- LEADERSHIP.
G.- INITIATIVE.
H.- CREATIVITY.
I.- EQUITY.
J.- HUMILITY.

 

Procedure No.: CCT-001

Issue Date: February /05

Last review: June /02

Review Frequency: Annual

Next Review: February /06

Page No: 5 of 11

 

A U T O R I Z A C I O N E S

 

 

LIC. ADRIAN ALMEIDA

SOSA

 

Human Resources and

Communication Director

 

C. GILBERTO MUÑOZ

MOSQUEDA

 

General Secretary

S.T.I.Q.P.C.S.Y C. DE LA R.M.


LOGO  

 

COLLECTIVE LABOR

CONTRACT

 

  LOGO

 

I.- LABOR SYSTEMS

 

I.- UNION AND COMPANY RECOGNIZE THAT FORMED LABOR TEAMS, SHALL HAVE MATERIAL RESOURCES, HUMAN TECHNICIANS AND ADMINISTRATIVE SO THAT THE CAN AUTO-ADMINISTRATE TO DELIVER A PRODUCT TO THE CLIENT THAT COMPLIES WITH THE REQUIREMENTS, REDUCING COSTS, IMPROVING QUALITY, OBTAINING BETTER PERFORMANCE, TO WORK WITH SECURITY AND TAKING CARE OF THE ENVIRONMENT, THEREFORE THEY SHALL ADOPT A WORK SYSTEM THAT DEVELOPS THIS TENDENCY OR ANY OTHER THAT IN THE FUTURE IS DEMANDED BY COMPETITIVENESS AND PROFITABILITY OF THE BUSINESS.

 

II.- UNION AND COMPANY RECOGNIZE THAT AUTO-ADMINISTERED TEAMS RESPONSIBLE FOR PRODUCTIVE PROCESSES SHALL ORIENTATE TO A CLEARLY DEFINED CLIENT, WITH WHOM TECHNICAL AND ADMINISTRATIVE SPECIFICATIONS SHALL BE AGREED AND FORMALIZED, GIVING THEM FOLLOW UP TROUGH STATISTICAL ANALYSIS AS BASIS TO DEFINE IMPROVEMENT PROJECTS ACCORDING TO RESULTS, SUPPORTED IN TOTAL RATIONAL QUALITY PROCESSES, C.E.O; M.P.T; K.T., ETC. THEREFORE THIS ORGANIZATIONAL UNIT SHALL INTEGRATE HIGHLY CAPACITATED PERSONNEL AND ACT ACCORDINGLY.


 

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