In last Wednesday’s session, the Second chamber of the Supreme Court of Justice of the Nation (SCJN) recognized the constitutionality of the labor regime provided for in the National Agreement for the Modernization of basic Education (published on May 19, 1992).
From this agreement it is clear that the Secretariat of Public Education (SEP) transferred too the federal entities the direction and management of education, as well as labor relations with workers in this sector, but preserved for them the social security benefits that it grants. the Institute of Security and Social Services of State Workers (ISSSTE).
In the specific case of Querétaro,the project of Minister Yasmín Esquivel Mossa – approved by unanimous vote – analyzed the legal nature of the personnel transferred from the SEP and steadfast that,although they are governed in a different way from the workers who where already state The truth is that this does not imply a violation of your social security benefits because the ISSSTE is the entity that guarantees them.
In this way, the transferred workers do not have the right to the benefits provided for in state legislation because they already expressly enjoy those granted by the ISSSTE Law, which implies compliance with the constitutional and conventional commitment that the Mexican State has to guarantee the rights of social security.
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Interview with Labor Law Expert: Understanding teh Supreme Court’s Ruling on Education Workers’ Rights
Editor of Time.news: Thank you for joining us today to discuss the recent Supreme Court ruling regarding the labor regime outlined in the National Agreement for the Modernization of Basic Education. To start, coudl you explain the significance of the Supreme Court’s decision?
Expert: Thank you for having me. The ruling by the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) recognizes the constitutionality of the labor regime established in the 1992 agreement. This is significant because it confirms the framework under which the Secretariat of Public Education (SEP) transferred the management of education and labor relations to federal entities, while still ensuring that workers retain their social security benefits through the institute of Security and Social Services of State Workers (ISSSTE).
Editor: This ruling affects many educators across Mexico. In particular, can you elaborate on how this decision impacts workers in Querétaro?
Expert: Certainly. In the case of Querétaro, the project led by Minister Yasmín Esquivel Mossa emphasized that even though the personnel transferred from the SEP are governed differently from existing state workers, it does not compromise their social security benefits. They continue to receive benefits from the ISSSTE, which indicates a clear alignment with both constitutional and international commitments to uphold workers’ rights in terms of social security.
Editor: For those who may be confused, could you clarify what this means for the rights of transferred education workers?
Expert: Absolutely. Transferred workers won’t have access to benefits laid out in state legislation as they already receive comprehensive protections as enshrined in ISSSTE law. This ruling reinforces the notion that the mexican State is committed to protecting the social security rights of these employees, thus ensuring they are not left without essential benefits.
Editor: With such a complex issue, what practical advice would you offer to educators who might have concerns regarding their rights and benefits?
Expert: My advice would be for educators to stay informed about their rights under the ISSSTE law and to actively engage with their unions or professional organizations. They should seek clarity on the benefits being provided and ensure that any concerns regarding their employment status or rights are addressed. Additionally, engaging with legal experts can help clarify their standing under the new ruling.
Editor: Looking ahead, what do you see as the broader implications of this ruling on the education sector in Mexico?
Expert: The decision could set a precedent for how labor relations are managed in the education sector across Mexico. It may also encourage further discussions regarding the modernization of labor laws and the way state and federal entities collaborate in managing educators’ rights and benefits. it can lead to a more structured approach to labor relations that upholds the rights of workers while also advancing the quality of education in the country.
Editor: Thank you for sharing these insights. It’s crucial that educators understand the implications of this ruling, and your expertise helps shed light on this significant issue.
Expert: Thank you for having me. It’s vital for everyone involved in education to remain active participants in discussions about their rights and welfare.