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Joint Commission Minutes Internal Regulations
Joint Commission Minutes Internal Regulations
In the city of Celaya, Guanajuato, at 1:15 p.m. on February 22, 2013, they met in
the place occupied by the business "EQUIPOS PARA GAS, S.A. DE C.V. "located
at 117 Norte 11 Street, Colonia Ciudad Industrial, in the city of Celaya, Guanajuato
, both the employer and the employees of the company in order to comply with the
provisions of Section II of Article 424 of the Federal Labor Law in force, that is to
say, to appoint their respective representatives and integrate the Commission for
the formation and revision of the REGULATIONS of the Labor Law in force.In order
to appoint their respective representatives and integrate the Commission for the
formation and revision of the INTERNAL LABOR REGULATIONS, which will
govern the work in the indicated negotiation, the respective appointments were
made, and the appointments fell on the following persons:
EMPLOYER REPRESENTATIVE
WORKERS' REPRESENTATIVE
Being present, the designated persons accepted their position, agreeing to begin
the respective work in relation to the formulation of the Internal Labor Regulations,
which will be applied in the company based on the Federal Labor Law in force.
There being no other business to discuss, these minutes were duly signed by
those who took part in them.
_______________________________________ __________________________________
C.P. VICTOR HUGO CAPORAL VILLASEÑOR ING. ISAURO GARCIA MIRANDA.
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INTERNAL LABOR REGULATIONS.
Internal work regulations that are formulated under the terms of Article 422 and others
of the Federal Labor Law in force, applicable to personnel working in any form of Labor
contracting in the work center called "EQUIPOS PARA GAS, S. A. DE C. V." "MATRIZ"
located at Calle Norte 11 Núm. 117, Ciudad Industrial, in the city of Celaya,
Guanajuato, as well as at the branches in:
MEXICO BRANCH - Located at Calle Álamo Núm. 30, Col. Tabla Onda, Tlalnepantla,
de Baz; State of Mexico;
Dedicated to the purchase and sale of spare parts and equipment for liquefied
petroleum gas.
It contains the mandatory provisions governing labor relations for workers, employees
and the company, except for the technical and administrative rules that the law
empowers the company to dictate.
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CLAUSE ONE.- COMPLIANCE WITH THE REGULATIONS. All workers who perform
any work for the "Employer" under any type of labor contract are subject to these
"Regulations" and it shall be mandatory for both the workers and the "Company",
including those who enter after the filing of these "Regulations" with the Conciliation
and Arbitration Board.
FOURTH CLAUSE - SCOPE - These "Regulations" shall apply to all current and future
establishments of the company, including those tasks that, due to their nature, are
performed outside the premises of the "Company".
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SEVENTH CLAUSE - APTITUDE FOR NEW EMPLOYEES - All new employees must
demonstrate the necessary aptitudes and the appropriate behavior to perform the
tasks entrusted to them; otherwise, if they do not have the necessary aptitudes for the
required position, they will be terminated without any liability for the company in
accordance with the Labor Law in force.
C). Complete in your own handwriting the employment application and other
documents required by the company.
E). To resign from working for any other employer, or on his own account, in the same
industry in which the company is engaged, during the time he is in the service of the
company.
NINTH CLAUSE - WORKPLACE - The workers shall begin and end their work
precisely at the place designated by the "Company" and shall attend to any other
activity related to their main occupation.
TENTH CLAUSE - WORKING DAY - The working day shall be 48 hours. 45hrs per
week for daytime, 45hrs per week for mixed and 42hrs per week for nighttime.
The company shall establish in each case the working day and the corresponding
schedule that the workers must comply with, according to their needs and
requirements, either temporarily or permanently.
The working day will be from Monday to Friday from 9:00 hrs. at 14:00 hrs., and
from 15:00 hrs. at 18:00 hrs. and on Saturdays from 9:00 hrs. at 14:00 hrs. and for
on-call personnel from Monday to Friday from 9:00 to 15:00 hrs. and 16:00 to
18:00 hrs. and Saturdays from 9:00 to 14:00 hrs.
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However, the company may set the working day and hours in general for the entire
work center, or in particular for each department, section, branch or area where it is
necessary. In any case, the company shall post on the notice board the schedules
corresponding to the working hours of the company in general, or by department; as
well as any modification made to the working hours. Likewise, the working hours
corresponding to each shift may be distributed during the working days of the week in
order to allow workers to rest on Saturday afternoons.
After the departure time, it will no longer be possible to remain on the company
premises, except in the case of overtime work.
FOURTEENTH CLAUSE - PENALTY FOR DELAY - Employees who enter work after
the starting time shall be sanctioned in accordance with the terms of these
"Regulations".
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SIXTEENTH CLAUSE - REST AND FOOD - The "Company" shall allow 60 minutes
during each workday for employees to take their meals and/or rest, such period being
included in the time period indicated on the notice board for each shift or department.
Workers and employees may make withdrawals from the account by using the Plastic
Card and the Confidential Personal Identification Number (PIN) that the Bank will
provide to each one of them.
The employees are responsible for the use of the plastic card and for the cash
withdrawal records or charge entries appearing in the Statement of Account issued by
the Bank; such Statement of Account shall have the validity of full proof, so that any
objection must be fully and unequivocally proven.
The statement of account issued by the Bank will demonstrate the payments of
salaries and benefits, and such documents will constitute the payroll and/or receipts to
demonstrate the payments of salaries and benefits, so that with this statement of
account it will be demonstrated that the Company made the payments of salaries and
benefits for the periods included in the statements of account accrued by the employee
holder of the account opened with the credit institution.
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Workers and employees who have not been assigned the aforementioned bank
account are obliged to collect their salaries and benefits personally, signing the
corresponding receipts.
Only for justified cause may wages be collected by another person, upon presentation
of a power of attorney granted by the employee, before two witnesses, in which he/she
authorizes the company to deliver the salary or benefit to a different person.
When overtime is worked for administrative, scheduling and special payroll purposes,
the corresponding salary shall be paid within 8 days following the end of the period in
which it is earned.
It is agreed that for the purposes of article 110 of the Federal Labor Law, the company
may make discounts, being authorized to deduct the payments of the following:
When making the discount, the company will comply with the provisions of Articles 97
and 110 of the Federal Labor Law.
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CHAPTER FIVE. - REST DAYS, VACATIONS AND BONUS.
NINETEENTH CLAUSE - DAYS OF REST - For every 6 consecutive days of work the
employee shall enjoy a day of rest with full pay. In jobs where continuous work is
required, the Employer shall set the weekly rest day. Sunday is hereby established as
the day of rest.
The following are mandatory rest days when they fall on a Saturday or Sunday,
pursuant to the amendment of Article 74 of the Federal Labor Law as per the decree
published in the Official Gazette of January 17, 2006:
1st. January, the 1st. Monday of February in commemoration of February 5, the third
Monday of March in commemoration of March 21, the 1st. May 16, September 16, the
3rd. Monday of November in commemoration of November 20, the 1st. In December of
every six years, when the transmission of the Federal Executive Power takes place, on
December 25, and on December 25, as determined by Federal and local laws, in case
of ordinary elections, to carry out the election day of every six years when the
transmission of the Federal Executive Power takes place, and on December 25.
When for special reasons there is a need to work on these days, the employer will pay
the worker, independently of the salary corresponding to the rest day, a double salary
for the service rendered; likewise, workers who render services on Sundays will be
entitled to a Sunday premium of 25% over the salary for ordinary working
days.Likewise, workers who render services on Sunday will be entitled to a Sunday
premium of 25% over the salary of the ordinary working days, and in the event that the
day of rest is on Sunday and this must be worked, the employer will pay triple salary in
addition to the Sunday premium.
When the company grants the enjoyment of long weekends, that is, rest on working
days that are between a mandatory rest day and a weekly rest day or similar
circumstances, the restitution of the rested work time shall be made on the dates
indicated by the company, and the workers shall be obliged to make up such time and
attend work, being considered unjustified failure to appear on the indicated date.
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Vacations and mandatory rest days shall be those established by the "Law" or in the
respective "Contract". The company shall notify the employee in advance of the dates
on which he/she will enjoy his/her vacations. For this purpose, a vacation assignment
schedule will be drawn up.
Only working days, i.e. those not included in the weekly rest and in the mandatory rest
days established by law, shall be taken into account for the enjoyment of vacations. In
cases where the employee's seniority is less than one year, the calculation of
vacations shall be proportional at the rate of two months of work for one day of
vacation.
CLAUSE TWENTY-THIRD.- All workers, employees and the company itself are
obliged to comply with the Health and Safety standards contained in the applicable
regulations.
TWENTY-FIFTH CLAUSE.- The Company and the workers must always take the
necessary measures to avoid accidents and illnesses.
Upon the occurrence of an accident, workers are obliged to immediately notify the
company so that the appropriate measures can be taken and, if necessary, prepare an
accident report to the authorities and the Mexican Social Security Institute.
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CLAUSE TWENTY SIXTH.- It is the obligation of the workers to ensure at all times the
correct operation of the tools, equipment, vehicles, machinery, installations and work
elements in their charge, as well as the condition of the works, pallets, warehouses,
safety equipment and in general the company's facilities, and they must promptly notify
the company's representatives of any anomaly found.
CLAUSE TWENTY-EIGHTH.- It is part of the safety at work that each worker treats the
work tools appropriately for their proper conservation, in addition to keeping them in a
good state of cleanliness and presentation.
Maintain this equipment in proper shape, in working order and return it to its place
when it is vacated.
Continuously use the safety equipment provided at work, such as gloves, glasses,
masks, work uniforms, helmets, aprons, gowns, according to the functions.
Safety equipment is intended to be used only on the job, and it is forbidden to take it
out of the workplace or change its location.
The company shall maintain a first aid kit which shall be reviewed periodically by the
health and safety committee and shall inform the company of the medicines that are
missing in the first aid kit in order to replenish them.
THIRTY SECOND CLAUSE - Since prevention is a standard for both parties in matters
of occupational hazards, the following safety and hygiene measures shall be observed:
a) The company and the workers are obliged to comply with the indications of the
Health and Safety Commission.
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b) The company undertakes to provide timely and effective first aid.
c) Workers are obliged to undergo the entrance and periodic medical examinations
determined by the company.
d) The company is obliged to place prevention and information signs that must be
installed in strategic and visible places for users and operators of the gas station,
including the following legends, among others:
NO SMOKING HAZARD.
TURN OFF YOUR ENGINE BEFORE STARTING THE LOAD.
ACCESS BY UNAUTHORIZED PERSONNEL IS PROHIBITED.
L.P. GAS HAZARD
IT IS FORBIDDEN TO CARRY GAS WITH PEOPLE ON BOARD THE VEHICLE.
e) Also the company is obliged to distinguish with colors the different pipes of the
company and to make known the color code to all the personnel which is:
f) The company shall post in a visible place the procedures for unloading auto tank
and filling automobiles with carburetor equipment, which are:
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g) Before starting or using any machine or equipment, the person should make sure
that no one is working on it or repairing it; persons doing the repair should post a
notice nearby indicating that it is being repaired.
h) When working on power lines, special care must be taken and the required safety
measures must be taken. When working on pipes or valves, their contents should
be previously investigated and once this is done, proceed to carry out the work
taking the necessary safety measures.
i) It is forbidden for workers to carry out maintenance and repair work, except for
those corresponding to the nature of their position.
j) Doors, corridors and places where there is transit of personnel or mobile equipment
should not be obstructed.
k) Do not ride on the running boards of vehicles or mobile equipment, or drive or use
it without knowing how it works and especially without the corresponding
authorization.
m) Equipment or tools should not be touched or used if under the care of another
person.
n) Special care should be taken when handling sharp or pointed instruments or tools.
p) The handrail of the ladder should always be used, and the ladders should be
carefully raised and lowered.
q) Danger and safety warnings posted by the company must be observed in order to
avoid accidents.
r) Forklifts, mechanical equipment, trucks, vans, tankers and trilers shall not be
operated faster than the permitted speed.
s) Safety and protective equipment must be used invariably; observing the equipment
control procedures.
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t) Causing work accidents, simulating them, as well as the lack of care that originates
them, shall be grounds for termination of the employment relationship.
u) All workers must notify their superiors of any unsafe place where an accident could
occur, so that it can be immediately repaired or modified.
v) All personnel must vacate the workplace immediately upon completion of their
work.
CLAUSE THIRTEENTH FOURTH.- The employee is responsible for the use of the
tools and cleaning equipment provided and must pay for them or replace them in the
event that misuse of the same is proven.
a) Harmonize the precepts of general hygiene with those of industrial, commercial and
service hygiene.
b) Take measures to prevent occupational hazards and ensure that these are strictly
enforced, as well as the days and hours for cleaning and cleaning.
c) Provide workers with the necessary protective equipment.
d) Carry out timely and appropriate medical examinations of workers, and the
necessary prophylactic measures.
e) Provide timely and effective first aid, training workers in this aspect.
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f) Make available to workers the materials, tools and equipment necessary for the
provision of services, in good condition and of good quality.
g) Carry out maintenance and cleaning services of machinery, tools and other utensils
used for the job.
CLAUSE THIRTY SIXTH - IMSS AFFILIATION - The "Company" shall register its
employees with the IMSS, and consequently the IMSS shall be responsible for
granting the benefits in cash and in kind that it provides under the terms of the Social
Security Law and its Regulations.
II. To observe the provisions contained in the regulations and the official
Mexican standards on safety, health and work environment, as well as those
indicated by the employers for their personal safety and protection.
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a) Strictly adhere to all the provisions of these "Regulations".
d) Do not separate from your machines or work area derived from the work process.
e) Be disciplined and observe good conduct in the performance of their duties, taking
care of their presentation and good manners in general.
f) To render immediate assistance when the persons or interests of the "Company "
or their co-workers are in danger.
i) Use the machines and tools owned by the "Company" in the manner indicated by
the "Company".
j) Report to the immediate supervisor any defects or irregularities that they notice in
the machinery or in their facilities.
k) Cooperate fully in the event that the "Company" conducts an investigation to clarify
work issues.
m) Report to work on time and properly groomed and take care of your personal
hygienic appearance.
o) To be part of the bodies that the law establishes as mandatory for the company,
such as the SAFETY AND HYGIENE COMMITTEE AND THE NECESSARY
BRIGADES.
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p) Use the telephone only for matters that concern the company and your work,
otherwise you must request permission from the person indicated.
c) Perform work while wearing rings, bracelets, necklaces, earrings or any other
object that could cause an accident.
d) Execute any act that endangers their safety or that of others or that may damage
the furniture and equipment in general property of the "Company".
k) Performing work other than or unrelated to the "Company" inside the same or
during the normal working day.
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m) Forming groups in restrooms, hallways, offices or workplaces during working hours.
t) All those acts that imply a prohibition derived from any legal, contractual or
regulatory provision. Use the telephone only for matters that concern the company
and your work, otherwise you must request permission from the person indicated.
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FOURTEENTH CLAUSE.- Violations of the obligations that workers have under the
Federal Labor Law, the Labor Agreement and these regulations, as well as failure to
comply with the instructions and orders issued by the contracting company or its
representatives, may be sanctioned by the latter in the following manner:
c) With the termination of the assignment office and the respective employment
contract
The employee shall have the right to be heard before the penalty is applied.
The foregoing notwithstanding, once the term referred to in the thirteenth clause of
these regulations has expired, the Company may not admit that are late.
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Unexcused absences will be penalized as follows:
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representative and in accordance with the provisions of the first, second and third
transitory clauses thereof.
TRANSITIONAL CLAUSES
CLAUSE TWO.- These "Regulations" shall be printed and distributed for the
knowledge of all personnel, or in its absence, shall be posted in visible places of the
"Company".
This "Regulation" shall become effective as of the date of its deposit with the
respective Labor Authority, and its observance is mandatory for all personnel.
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