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ent from five federal labor courts that handle similar disputes, it is reasonable to state that the solving pattern of the termination disputes here portrayed is accurate and reflects the current situation.

III.结果和讨论——III. Results and Discussion

 A. 'Termination payments are extremely high'
Some Mexican authors have analyzed the LFT from an economic perspective. Basically, their argument is that the LFT should be modified to eliminate all those provisions that create restrictions on hiring, mobility, and termination of employees. These legal restrictions, originally designed to protect the worker, generate a higher social cost than benefit. In particular, these authors claim that the LFT raises termination costs, diminishing the quantity of labor that an employer hires below the socially efficient level. This argument assumes that most of the termination payments are paid according to the LFT and are thus extremely high. No empirical evidence concerning this assumption has been produced.

Before presenting the empirical evidence, the rules regarding termination payments should be explained. These rules, provided in the LFT, mainly refer to the provision of fringe benefits, overtime, and the mechanics of termination. Fringe benefits are mainly composed of vacation pay and year end bonuses. Each employee is entitled to a certain number of days of paid vacation depending on his or her tenure at the firm. Also, every employee has the right to receive an end of the year bonus equal to at least 15 days' wages. A normal workweek cannot exceed 48 hours. If an employee works more than 48 hours in a single week, he is entitled to overtime pay. The law mandates double pay for up to 9 hours of overtime, and triple pay for any hours above 57 per week. Terminations are classified under the law as justified or unjustified. Justified termination is limited to wrongdoing on the part of the worker, such as three continuous unjustified absences. Termination for any other reason, such as low employee productivity, is considered unjustified and it often implies higher termination cost.

For either type of termination, the firm must cover all payments owed to the worker up to the termination date, including overtime and the prorated proportion of fringe benefits until the termination date. Additionally, the worker is entitled to severance pay equivalent to 12 days' wages for each year worked, with the wage rate capped at twice the minimum wage. At the time of termination the firm must issue the worker a written document explaining the exact cause of termination as defined by the LFT. Workers have the right to challenge the grounds for termination. According to the LFT, the firm carries the burden of proving that it fired the worker for just cause. Workers terminated in an unjust manner have the right to receive two additional payments. Back pay from the termination date through the date when judgment is issued (including not only the salary, but also the fringe benefits), plus three months' salary with benefits. Also, those workers who are denied reinstatement are entitled to 20 days' wages plus benefits for each year worked, without any cap on the wage rate.

Note that a worker who proves he was fired without justification can request to be reinstated in his job. The firm may refuse reinstatement for certain categories of worker本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。