If you started working, it is important that you know the worker rights, because by law you have access to several rights as obligations, because in the event of any incident that occurs with your employer, you must know how to enforce your rights, therefore, below you will find expanded information about your rights when you work in the USA and in particular in California and in Mexico even when it comes to unjustified dismissal …
What is the function of worker rights?
The Dworker rights they are rules that help in regulating the employer and the employee.
That is to say, they are in charge of granting benefits to those who work with limitation of the employer’s power in order to offer protection to the worker. It is a unitary and progressive right because it presents an evolution according to how the needs of society arise.
What are the worker’s rights in california?
The worker rights in california include privacy within the workplace, that is, only the employee has access to their closet, briefcase, etc. as material goods but also has privacy in personal conversations, since this right is lost when it comes to the internet and company emails.
Likewise, the worker has the right to have a place within the company without dangerous conditions that cause illnesses or injuries, as well as free from discrimination and harassment of any kind.
Right to receive a fair salary according to their work. As a worker, you have the right to file a complaint against your employer without retaliation.
Even if you are not employed but are looking for work, you also have the right to non-discrimination based on your national origin, gender, age or race in order to be hired.
When you submit a job application, no one can ask you for a credit check or ask about your religion without you having previously granted it, because according to state and federal laws discrimination in the workplace is illegal.
Rights of the immigrant worker in the usa
You should also know the immigrant worker rights in the usaWell, if you lack authorization papers, the laws protect you because the laws are applicable to the illegal worker.
As an undocumented person, you have the right to overtime, to workers’ compensation and to make a claim even if you do not have papers, because by law as worker rights united states You can file a claim with OSHA in the event that your workplace is unhealthy or lacks safe conditions to carry out your work and you even have the right not to do your job if you consider that your workplace is dangerous and you will not be able to receive any retaliation for demanding safety in your workplace. You also have the right to access the monitoring of your work environment and medical records.
What are the worker’s rights for unjustified dismissal?
If you were fired and you consider that this dismissal has no justification, you should know the worker’s rights for unjustified dismissal, How should you proceed in this situation ?:
1.Firstly, you must find out the reason for this dismissal by sending your employer a written and dated request that you will send by certified mail, then your employer by law must respond to you within 10 days with a letter stating the reasons for the dismissal.
- After you have received the answer, you should speak with a lawyer if your suspicions of wrongful termination are real, but you must act quickly because there are time limits. Within this time limit the statute of limitations protects you, outside of this limit you have no protection whatsoever.
However, you must confirm if the dismissal is legal according to the type of employment relationship, because for example if you work in the state of Washington as you will be hired at will, your employer can fire you without reason or for any reason.
You can have a collective bargaining contract if you work in a union, in which case you have protection under state and local laws or regulations. In these cases, you should contact the head of human resources to find out about your employment relationship.
At the same time, you should know that you should receive an advance notice of dismissal when you work in a large company where there is a mass dismissal and even if you have an individual agreement in writing, that agreement must indicate the reason why your employer can fire you.
What are the rights of the Mexican worker?
First of all you should know that you can be a trusted worker, unionized or non-unionized and you will always get one of the worker rights mexico which is a written contract with terms and conditions of work.
You also have the right to vacation: 6 vacation days after the first year you worked and the days increase by 2 for each year until the fourth year you work.
After 4 years of service, your vacation days will increase by 2 every 5 years. At the same time, you are entitled to a 25% vacation premium on the amount you received in the vacation period.
You have the right to work no more than 48 hours per week with one day off in the week and the bonus that corresponds to 15 days of salary.
You have the right to an individual employment contract, a document that contains the duration of employment, the information of your employer and yours, the services that you will provide in the company, the salary, the terms of the salary payment with its date and means of payment , vacations, training references and the place where you will provide your services.
Under federal labor law, you have the right to non-discrimination including social status, disability, gender, age, marital status, religion, nationality, sexual preference, and race.
The worker rights in mexico They protect your personal data and maternity since if you are a woman you will have access to the salary and benefits that correspond to you, that is, you will receive your total salary during pregnancy and in the event that the maternity leave is prolonged you will receive 50% of the daily wage up to 60 days.
Also the Mexican worker rights They allow you to access the payment of profits as a company employee. You also have the right to collect the bonus in the month of December even if you have not worked all year, it can be 15 days’ salary or one month and in the event that you do not collect it you can go to Profedet before the year to do the claim.
The worker rights law They allow you access to a seniority bonus with an amount equal to 12 days per year of service and if you work on a Sunday you will receive 25% of the base salary.
What rights do I have as a worker?
You know What rights do I have as a worker?, because in Mexico you have the right to a vacation bonus, vacation, Christmas bonus, a Sunday bonus, rest days, maternity leave, adoption leave, breastfeeding period and paternity leave.
What are the worker’s rights?
You know what are the worker’s rights, because in the United States you have the right to a decent job, vacation, pension, employment contract, benefits such as pregnant, benefits for medical disability or illness and social benefits.
Requirements to obtain a work permit category c08