Administrative Act: Who Participates, Content and Examples

A administrative act it is the document in which the events occurred to a worker or group of workers are recorded in writing and as documentary evidence. Usually they are records of irregular work situations, or non-compliance with rules that entail sanctions.

The irregularities recorded in the administrative records must fall within those included in the applicable labor regulations; that is, they must be reflected in the employment contract, as well as in the Federal Labor Law and the Internal Labor Regulation.

What is the value of administrative records?

Documenting relevant labor incidents in administrative records is a highly recommended practice, because they can be used"a posteriori"in two ways:

- To prove facts in front of the conciliation and arbitration boards in case of labor conflict.

- To accredit the profile of the most senior employees in case of dismissal, since this profile is valued apart from the cause established to terminate the employment contract.

Who are the participants of an administrative act?

It is essential to determine the purpose of the drafting of an administrative act, in order to determine who must be the participants who must demonstrate and sign the document.

These objectives can be:

- Detail the breach of a labor obligation.

- Detail a work sanction.

- Detail a dismissal.

Normally the participants are, logically, workers and witnesses, but also the representative of the company that is usually the one to call the meeting that originates the subsequent administrative act. It is essential to document in detail who the assistants were, to guarantee the validity of the administrative act.

What is the content required for an administrative act?

These are the basic data that the human resources departments have to record in the administrative records:

- Domicile of the company or the place where the events subject to the administrative act take place.

- Date and Time.

- Participants or participants.

- Explanation reason.

- Declarations (workers and witnesses).

- Detail of the documentation that supports what was declared by the witnesses and other witnesses.

- Closing of the minutes reflecting the time and signature of the participants.

- In the case of administrative acts relating to sanctions against workers, they should be kept in the sanctioned worker's file.

Examples

First example

"In Mexico City, at 8:00 am, on December 8, 2017, at the offices of the Human Resources area of ​​the Madnus S.A. located at the address of Calle los Rosales # 10, Mexico, D.F., meet Mr. Pedro Pérez, general manager; María Romero, Administrative Assistant; Rosa Cali, Human Resources manager; and Sergio Arcade, secretary of the Union, with the purpose of investigating the events that took place on December 7 of the current year at 10:00 o'clock in relation to the worker Javier Sánchez, operator.

Mrs. Maria Romero declares that: on December 7 the worker Javier Sánchez showed up at the company's premises one hour late and in an evident state of intoxication, uttering insults that he prefers not to repeat before those present. Then, after throwing up on the reception desk, Javier Sánchez was unconscious on the floor.

Mr. Javier Sánchez declares that: on December 7 he arrived late at his job, despite being indisposed, he was determined to do his job when he found himself even worse, he began to vomit and fell unconscious to the floor. Mr. Sánchez insists on denying that he was drunk or that he was insulting.

Having made the knowledge of the participants the reason for the meeting and the lifting of the present act with the following sanction (detail of the sanction proceeding according to the Internal Work Regulations of the Company) for Javier Sánchez and the previous statements, they are terminated the present administrative act that is signed of conformity by the participants in it".

Second example

"Being 11.45 am on the 12th day of the month of May of the year 2017 in the Calle de la Colina No. 8, at the headquarters of the company Rocali S.A. and with the presence of JA Martínez in his capacity as watchman / porter, M. Serrano as head of HR and Marina Carmona as secretary / administrative to carry out the lifting of this administrative act due to the events that occurred on the 12th of May 2017 at 09:00 hours in the premises of the company Rocali SA, within the HR department. Facts consisting of:

Marina Carmona declares that today, May 12, 2017, when she arrived at the premises of the company Rocali SA, she was stopped at the entrance door by the guard JA Martínez to tell her that she could not pass because she was no longer a part of it. of the company's workforce, to which the Marina Carmona affirmed that it had no news of such termination of its contract.

After struggling for a moment, Marina Carmona was able to access the facilities of the company Rocali, S.A., arriving quickly and very agitated to the office of M. Serrano to demand what was the reason for the dismissal.

A little later, she was attended by the Human Resources Manager, M. Serrano, who alleged that she had no knowledge of the dismissal but that she was proceeding to verify it.

After consulting the database, M. Serrano returned to his office to inform Marina Carmona that it was an error, since who had been fired was another employee named Marina Garcia. He asked for an effusive apology for the unfortunate mistake and told him that if he required it, he would file an administrative document so that he would not have any problems because he was late for his job.

The present is lifted at the request of those involved.
Marina Carmona.
M. Serrano.
J. A. Martinez."

References

1. Start SME Administrative records. emprendepyme.net
2. BBD Sall Consultants. (2015) Probative value of the minutes. bbdconsultores.wordpress.com
3. Angelico Pineda (2016) Why are the administrative acts important? elempresario.mx
4. Rune. (2017) Do you know what are the administrative or labor records?. runahr.com
5. Wikipedia. Administrative records.