EMPLOYERS’ OBLIGATIONS ON EDUCATION, TRAINING AND PRODUCTIVITY MATTERS
On June 14th, 2013, the Ministry of Labor and Social Welfare (“STPS” for its acronym in Spanish) published in the Federal Official Gazette (“DOF” for its acronym in Spanish) the Resolution by means of which the administrative criteria, requirements and templates to be used for the filing of education, training and productivity matters before the Department of Training (“DGC” for its acronym in Spanish) or Regional Offices of the STPS are divulged.
The employers shall execute the following filings in order to comply with the education, training and productivity related duties established in the Federal Labor Law (“LFT” for its acronym in Spanish), as a result of the amendments to said Law published in the DOF on November 30th, 2012:
Incorporation of the Employer – Employee Joint Committee for Education, Training and Productivity (“Committee”) by employers with more than 50 employees, using for such effects the DC-1 form.
Employers may incorporate more than one Committee, or else, incorporate subcommittees, based on the number of establishments or of workers.
Employers shall keep on their internal records and exhibit to the STPS, when so requested, information on the activities carried out by the Committee during the last twelve months.
Elaboration of the Education, Training and Productivity Plan and Program, using for such effects the DC-2 form.
Employers shall establish the education and training plans and programs for a two year period and include in them, among others, the training courses provided by companies from which they have acquired a good or service, as well as those provided by foreigners who train Mexican workers. Likewise, the allowance that employers provide to their workers for them to initiate, continue or complete their education in elementary, middle or college levels, can be included in the education and training plans.
The education and training plans and programs registered before the STPS as of November 30th, 2012, will continue to be effective. Nonetheless, employers shall have a ninety-day term following the publication of the Resolution to update such plans and programs taking into account the actions to be executed in connection with productivity matters, being such:
Proposal of changes to machinery, equipment, work organization and labor relations in conformity with the best technological and organizational practices to increase productivity;
Proposal to impulse training and measure productivity, as well as to guarantee the fair allocation of its benefits;
Surveillance of the compliance of the productivity agreements;
Resolution of objections made by workers, if applicable, in connection with the allocation of its benefits.
Employers shall keep available to the STPS, as part of their internal records, the education, training and productivity plans and programs.
Issuance of Job-Skills’ Certificates, using for such effects any of the following options: the DC-3 form; the template available at the webpage www.stps.gob.mx; or the document prepared by the employer following the requirements established in this Resolution.
Exhibit of Lists of Job-Skills’ Certificates, using for such effect the DC-4 form, within sixty business days following the end of each of the years comprising the education, training and productivity plans and programs’ term, as well as by the end of it (sic), even if the year has not been completed.
Employers which have up to 50 workers may present their list of job-skills’ certificates either printed or electronically, whether employers with more than 50 workers shall present their list electronically only.
In any case, employers shall make available to the STPS, as part of their internal records, a copy of the job-skills’ certificates issued to their workers during the last year, either in printed version or in electronic files.
Additionally, employers may request the following services from the STPS:
Multiplier-Agent Training Program. Said program is a free, technical support that the DGC provides to work centers in order to form internal trainers who plan, organize, teach and evaluate training courses based on the company’s specific requirements to improve quality and increase both labor productivity and business competitiveness.
Distance Education for Workers Program. The referred program is a free, online training service offered by DGC with the objective of contributing to the development of job skills and abilities, as well as to strengthen favorable environments for productivity in the work place.
In light of the amendments to the LFT on November 30th, 2012, the incorporation and adequate functioning of the Committee has taken great relevance since said Committee is in charge of solving the objections that workers file in connection with the allocation of productivity benefits, as well as of issuing an opinion on the permanency of workers hired under the modalities of initial training and trial period. In this sense, the incorporation of the aforementioned Committee might be advisable as well for those employers with fifty or less workers even though they are not obliged to do so.
The Resolution nullifies the following resolutions on this subject:
Resolution published in the DOF on December 30th, 2004 by means of which the general criteria to carry out administrative filings in connection with education and training of workers was established.
Resolution published in the DOF on November 5th, 2009 by means of which the templates to carry out the administrative filings in education and training were divulged.
Resolution published in the DOF on December 16th, 2009 by means of which the general criteria and templates for the administrative filings in education and training matters published on November 5th, 2009 was updated.
In case you require additional information, please contact the partner responsible of your account or any of the following attorneys: