metropolitan 13
Revolution Party allowed the Human Resource Office of the subway to handle the hiring process and to hire women for supervising positions as well as management rolls.
Unfortunately the national labor legislation does not explicit state sexual harassment for privately owned industries. It does state that when employees are subjected to “wrongful treatment”, including violence, threatening behavior or verbal assault, by their supervisors they are entitled to leave their job and receive compensation of up to three months their salary. However doing non-working hours victims can only receive reimbursement when it can be proven that the harassment will make it difficult to continue with a professional relationship. Disrupt discipline at the workplace refers to a victim who is at the same level as the perpetrator, in the sense of work. The employer ha legal cause to dismiss the aggressor but only if his actions are a disruption displicine harassment. Obviously these actions are difficult to prove. Article 259, how the federal criminal code criminalizes sexual harassment, only applies to federal officers who permit such behavior within the extent of their employment. In this context sexual harassment is defined as repeated attempts to make sexual advances by someone in superior position. Sadly, most women are reluctant to report in fear of losing their jobs.
Many states in Mexico have legal agencies that specialize in the investigation and prosecution of sexual offenses and crimes relating to sexual harassment. In spite of these agencies 16 of 31 of Mexico’s states don’t have the legal agencies to help punish the offenders.
Of the 16 only 14 recognize sexual harassment as a crime however the other two refer to it in a strict sense saying it’s “taking sexual advantage” and “harassment”. These two states aren’t criminalizing sexual harassment itself rather having sex as a condition of being hired, not being fired, or being promoted to obtain a salary raise or a labor right or benefit. Only Guerrero clearly states that both sexual harassment and sexual advantage as crimes in its criminal code. 5 of the 14 states that do recognize sexual harassment as a crime in a strict sense, demand the damage must be done to the victim as a condition to prosecute and sanction. 10 of 14 require the existence of a subordinate relationship between the perpetrator and the victim in order to prosecute. This obstacles make it difficult for victims to find justice in the legal system and deters others from trying.
Several groups have attempted to amend the Federal Constitution and Labor Code to address sexual harassment in the past few years. One of the most well known organization Abascal Project, organized by the Federal Labor and Social Prevention Secretariat, the other is a joint proposal by the Workers’ National Union and the Federation of Goods and Services Industry Unions. These both propose important constitutional and labor law changes regarding gender equality, non-discrimination and sexual harassment at the workplace. The Abascal Project focuses more on improving employer/employee relationship, while the other project focuses on freedom of association and the democracy of unions including negotiated legal flexibility between unions and employers through collective bargaining. For this project to work the intend to amend article 123 of the Federal