Many companies determine their Contractors that deslinden of the liability of accidents in the workplace.
Do you know how to … it says in the law as to the liability of accidents and diseases at work?
Lately it has become very popular a famous phrase that says “outside the law, nothing; to be above the law no one,” alluding to any letter or condition could be higher or to have greater validity than the law itself.
This includes reference to the responsibility of safeguarding the physical integrity of workers engaged in work activities exposed to risks in the workplace.
What the Constitution says about it?
The article 123 of the constitution in the fraction XIV provides that “The employers are responsible for work-related accidents and occupational diseases of workers, suffered with reason or in the exercise of the profession or job that is running; ……”.
The same fraction continues saying, “ … therefore, employers must pay damages corresponding, according to that which has resulted in the death or simply temporary or permanent inability to work, according to what the law may determine.”
And this fraction culminates saying: “This responsibility is likely to persist even at work, by an intermediary…” that is to say, that includes contract workers.
Contractor … ¡¡Learn the facts and protect yourself!!
As you can see, the Constitution also protects the workers of the Contractors who provide services within the facilities of the companies that hire them, because the Constitution responsible for all the Patterns on the accidents and occupational diseases of workers, forcing them to pay compensation for the consequences that arise, including in the work done by an intermediary, that is to say, a contractor.
Therefore, if your client requires you or affects you as a Contractor to sign a letter that tells you what deslindas of such liability as established in the Constitution, obviously that is not valid, or you delete this responsibility, simply because neither that company nor thy are legislators and what they write and sign a simple letter is never going to be of a higher law which if it was legislated legally by the Congress of the union, and that therefore has legal weight much greater than a simple letter.
In conclusion, both the company to whom you have given him serving as a contractor and your company as a contractor are jointly and severally liable to the authority of the accidents or illnesses that your employees suffer from work within the facilities of the company of your client during the time that you pay for such services.
Cost of Sanctions for breaches of the occupational health and safety
do you Want to know the sanctions that the labour authority applies to the companies or employers for breach of health and safety measures in the workplace? Learn more by clicking here.
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Mention: in the entry of this blog post, articles are according to the regulation of Mexico, and although in other countries, the regulation may vary in this sense, the legal concepts in the essence can be counterparts. However, it is always important to rest with a local expert.