On June 14th of 2013, the Ministry of Labor and Social Welfare ("STPS") issued an administrative resolution (the “Resolution”) establishing general criteria for productivity and training plans, the authorization and registration of institutions, schools or specialized agencies, as well as those independent instructors who wish to provide training to employees.
Similarly, this agreement establishes the criteria for the issuance of Competence Certificates, as well as the registration and control of Record Lists submitted by the companies in connection with trained employees.
In accordance with article 153-A of the Federal Labor Law , which has recently been amended, all employers have the obligation to provide their employees with on-the-job training, in order to raise their standard of living, as well as their labor competence and productivity according to the plans and programs established by a common agreement between the employer and the labor union or if no union exists between the employer and the majority of the employees.
In terms of the Resolution, the main obligations that the employer must comply with in matters relating to training and productivity are as follows:
- The creation of the Joint Committee on Productivity and Training for those companies that have more than 50 employees or have executed employment contracts with a probationary period or initial training, using format “DC-1”.
- Preparation of the Plan and Program of Productivity and Training, using format “DC-2”.
- The Issuance of Competence Certificates or Labor Skills, using template “DC-3”.
- Presentation of Record Lists of Labor Competences and Labor Skills, using format “DC-4”.
Those employers with business activities relating to institutions, schools, specialized training agencies, and independent instructors that provide training services to companies, shall undertake the following procedures:
- An initial registration, using format “DC-5”.
- The modification of courses or programs and/or modification of the teaching template, through format “DC-5”.
For each of the aforementioned purposes, the employers must have the requisite documentation, and fulfill the obligations provided by the applicable legislation regarding each specific matter.
In addition, those training plans and programs registered before the STPS through November 30, 2012 will remain effective. Said companies will have until September 14 of this year to prepare their internal registries regarding productivity.