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Declare void the dismissal of an employee call center

V The Board of the Labour Appeal Court quashed the dismissal of an employee of a company's call center and ordered restitution in post and the payment of wages.

The decision was based on the work being done by union workers, despite not having been formally elected as a delegate. In the case found that the company did not support union activity and, as accredited judges, the dismissal without cause is explained in this activity will be informally the employee fired.

In this context, the maids explained that in cases of alleged discrimination, the company must prove that the dismissal was due to another reason. "The employer must prove that such causes explain objective, reasonable and proportionate decision themselves, eliminating any suspicion that it hid the injury of a worker's fundamental right," said the maid.

"Given the scenario described circumstantial evidence, I believe that the defendant has failed to prove that the dismissal of the actor has had real causes absolutely bizarre anti-union discrimination, and that those have been significant enough to justify the breach of contract , so that can explain objective, reasonable and proportionate for themselves the decision either, eliminating any suspicion that it hid the injury of the fundamental right of the worker, added in relation to the case study.

With respect to invalidity of the dismissal invoked by the worker, the judges warned that "the essential content of constitutional rights to work and perform any lawful industry, to trade, use and dispose of property and procurement, conferred on the employer, does not include the power to dismiss workers nutum ad, as uncaused, unwarranted, unprovoked and arbitrary. "

"In this case, the action has not only violated the rights of the plaintiff to protection against arbitrary dismissal and work to establish firing an act uncaused and therefore illegal, but also has violated the fundamental right of workers not to be discriminated against for anti ... "said the judges.

For judges, "the State must ensure that individuals can freely exercise their freedom of association without fear that they will be subjected to any violence, and dismissal is a violent way of impeding the exercise of that fundamental right."

"In other words, the dismissal of an employee in retaliation for the exercise of freedom of association violates individual and collective dimensions of this fundamental right, as not only harms the fired workers but also within the scope of collective action that displayed by those who perceive objectively threat of suffering a similar retaliation if they exercise this fundamental right, "they concluded.

FAILURE
INVALIDITY DISMISSAL

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the new law was passed regulating Prepaid Personal

After a long and arduous debate, with 190 affirmative votes and 29 abstentions, the Civic Coalition, the PRO and Democratic Rep. of Santa Fe, Carlos Favario-the lower house approved the changes introduced by the Senate and became the controversial law that regulates prepaid medicine companies.

Thus, after a special meeting convened by Front for Victory (FPV), lawmakers endorsed the reform gathers currently about 4.5 million members in the private system.

The project was approved in August 2008 by Congress and in November 2010 by the Senate, but in that time changes were made to the original version so had to return to the House.

After the passage of the initiative opens a new scenario that puts providers on edge, who have already warned that the change can leave them on the brink of bankruptcy .

Among the key points and most controversial of the brand new rules, are:

• which states that accept prepaid shall patients with preexisting
• and referred to members may not refuse because of his age.

They joined that partners with more than 65 years old and 10 may not receive increases in their monthly fee.

law firms reached prepaid medical plans voluntary and marketing plans to overcome than the Health Insurance Agents (SSA). But excludes social work unions, cooperatives and mutuals, associations and foundations , which are covered by other regulations.

The new regulatory framework requires the private system have plans medical-care coverage and Mandatory Medical Program, as well as to provide basic services for people with disabilities .

also indicates that no waiting periods may be fixed or expected to provide such benefits.

After discussion, the president of the bloc of deputies of FPV, Agustín Rossi, said: "In the first half penalty, were not covered by insurance plans. The Senate clarified the proposal. This is a law that regulates the services of prepaid medicine companies . "

relevant changes

According to the text of the law recently enacted, the new regime poses the following scenario:

• will create a National Registry prepaid medicine companies, an entity that is regulated by the Ministry of Health, responsible for monitoring compliance with the law and regulations in coordination with health authorities around the country.
• The "minimum coverage" shall not be less than that established in the Compulsory Medical Plan (PMO) , which is one that provides essential basic services that Social Work should ensure the entire population.
• age can not be taken as a criterion for refusal of admission.
• For over 65 years, the Ministry of Health shall authorize and define the rate of increase in costs.
• Meanwhile, if people over 65 have more than 10 years old not be any increase may apply. At this point, the rule states that family group members are included to 21 years, while the newborn be automatically included, without prior arrangements.
• The prepaid plans may only offer partial coverage in exclusive dental services in emergencies, medical transfers and in localities that do not exceed 5,000.

addition, after switching to the current system until now, users may be terminated at any time contract with companies without restriction or penalty. To this end, states that, in the respective documents may not include waiting periods for benefits or waiting who are in the PMO.

Two spots

reform poses a highly contentious point, which brings alarm to the whole sector. It happens that after the passage of the new law " benefits are not limited in any pre-existing condition .

This means that a person is of a severe condition and presented to a prepaid even without having contributed in a previous enjoy full access to health coverage, since your order will be accepted without fail.

words, cover the respective treatment.

regard, President Swiss Medical Group and vice president of the Chamber of Medical Assistance Institutions (Cimara) Claudio Belocopitt, was blunt when it comes to illustrate this point with an example: "It's like a person who has no auto insurance, crash and the following day is presented to a company to cover your expenses."
He added: "This could even lead to choose not to employ a cover system and expect to have an ailment, and then move forward in this process."

In this complex scenario, is the fact that the Health portfolio " review and ensure the reasonableness of the fees " and who will be authorized by the increases, always These are "based on changes in cost structure."

Voices

Andrés Aznar, Swiss legal adviser and specialist in Medical Law ; elDial.com, challenged the norm.

In this regard, said that "no inhabitant is obliged to resort to private health. On the contrary, health is constitutionally protected by the State and only if such resident, freely and spontaneously resolved and the company hiring Private medical consent to this, incorporated into an additional system that already has , which does not exclude and even less, it replaces ".

" The concept of prepaid, from the most basic interpretation, there is nothing to pay before. But what is pre-pay? Just the protection of health, before it is damaged or diseased, a fact that inevitably happen in the course of time, "he said.

The standard, well written, according to the specialist," enables those who did not save when they were healthy or were young, attend to the system being sick or elderly. "

"It's over savings, insurance ran out, ran the system," warned . Nancy

Celaya, specialist elDial.com Consumer Law, said that "beyond the deficiencies that you can find the standard, essentially no more than receptive long-standing demand from users of private services . "

"Regulation tends towards a balance between the parties, since, at present, is warns situations of real injustice suffered by users of the congenital weakness who have contracts of adhesion to own the system, "he said.

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Press Summary, Friday, May 6, 2011 press

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STATE OCCURS

SCLC JOINS THE WORLD MARCH OF CHILDREN AND YOUTH.

Focus San Cristóbal / Amalia Avendaño .- Next Sunday will be held May 8 in San Cristobal de Las Casas, the World March of requiring children to politicians protect their rights.

Organizers called the general public to join an emphasis on youth and children, "but also anyone who wants to poyarlos and solidarity with their struggle for the future. The march will begin at 11 am in front of the church of Santo Domingo, "let's go for both walkers and end in the Place de la Resistance, caused by the lack of government action, launching a youth movement base against climate change. " Full story here .

STREET CHILDREN SUFFER .

Issa Maldonado CP. From a very early hour, dozens of children ranging from age three to 15 years, arrive daily at the central supply of this capital in order to get money or food. Amid the garbage and filth, a number of infants looking for some 'spare' so that at least make a meal all day.

are the forgotten children, those without access to education and mostly come from broken families, dysfunctional, or were simply abandoned by their parents, the street has become their home. Full story here .

recommends breastfeeding babies.

Voice and Image of Chiapas / Tuxtla Gutierrez .- Only 57 of 100 women breastfeed their children during the first 72 hours after birth, the other feeds with some other substance, decreasing It's natural defenses against diseases, safety and mother-child emotional relationship, said Gabriel Cortes Gallo, director general of the National Medical Insurance Program for a New Generation.

As part of the inauguration of the Training Module for the promotion of breastfeeding, prevention of crib death and cognitive development ", which involved the Ministry of Health and the Autonomous University of Aguascalientes, stressed the importance of mothers breastfeed their babies. Full story here .

UNACH JOIN EFFORTS AGAINST GOVERNMENT AND ADDICTIONS.

MDER. CP. Fighting addictions that harm health and promote family integration are subjects in which they work together the State Government and the Autonomous University of Chiapas (UNACH), which heads the president Jaime Valls Esposito.

In this context, the School of Administrative Sciences, Campus VIII, committees, held the conference: "Measures of drug prevention and crime, with the presence of hundreds of students who packed Auditorium "Francisco Javier Trujillo Alfonzo." Full story here .

MARCHAN MIDWIVES TO PROMOTE THE NATURAL CHILDBIRTH.

Focus San Cristóbal / Carlos Herrera .- The International Day of the Midwife, midwives and mothers marched on Thursday through the main streets of the city of San Cristobal de Las Casas in order to raise public awareness that a natural birth without cesarean is much better for the baby and mother.

The march-walk began at 11:00 am and was called by the House of Births "Luna Maya" and was released from this facility to the Plaza de la Paz in the historic center of San Cristobal. "This march is convened by the International Confederation of Midwives in order to recognize the work of these and call for more and be more, we need more midwives to cope with the 340 000 maternal deaths annually worldwide and can prevented, so today we march 250 000 midwives across the world, "Alonso said in interview with Cristina, who works for the home delivery Luna Maya in this city. Full story here .

NO MORE DEATHS IN MATERNAL CHIAPAS, PLEDGE OF MIDWIVES.

Secretary of Health in Chiapas, Montes James Gomez, mentioned that the state has 5 000 600 traditional birth attendants and 40 percent of births are attended by them, hence the governor Juan Sabines Guerrero the considered allies of the health system, to leverage its experience and acceptance in communities.

"No institution health can teach a midwife to deliver the baby, but want to contribute to its culture positive elements, such as clean delivery care, detection of signs of a risky pregnancy, among others, "said the state official. Full story here .

Dozens of police and city officials could not dislodge DOS stalls.

Focus San Cristóbal / Carlos Herrera .- A rumpus happened at noon on Thursday when Division staff Municipal Utility, guarded by municipal police officers tried to evict two vendors from the Calzada Lázaro Cárdenas, in the historic center of San Cristobal de Las Casas.

At noon on May 5, Municipal Utility personnel, including the owner of that area, Alfonso Torres Aguilar, as well as municipal police chief, Victorio Garcés Melo , tried to apply an operation to remove two vehicles with fruit sales. But the lack of capacity of officials and police commanders and the refusal of the street, generated that the operation was a failure and that "noise" informal traders, most of them Indians, who immediately responded by avoiding the vehicles were carried. Full story here .

AMLO JOINS THE MARCH AGAINST VIOLENCE.

Meridiano90 /

Angeles Mariscal

Tuxtla Gutierrez, Sparks .- presidential candidate, Andrés Manuel López Obrador on Sunday will join a national march against violence, to demand Felipe Calderón's government to change its strategy against organized crime, and avoid "collateral victims".

presided during a rally Thursday at Bicentennial Park, López Obrador called on President Felipe Calderón Hinojosa does not distort the meaning of the national march that started today in Cuernavaca, Morelos. He demanded not to misinform the Mexicans, "because nobody is asking to withdraw from the fight against organized crime, but rather will require a rethinking of their strategy." Full story here .

national events

FREE IN BC A young man accused of "aggravated homicide by blood."

For Gladis Torres Ruiz

Mexico City (CIMAC) .- A few days shy of 3 years in prison, the woman sentenced to 23 years in prison on charges of aggravated homicide by relationship in Baja California, after suffering a spontaneous abortion, will go free this day to be found innocent.

This informed the feminist and Civil Society Organizations (CSOs), through their social networks, which demonstrated that day, the Fourth Chamber of the Superior Court of Justice of the State of Baja California recognized the innocence of women 22 years of age, after reviewing the appeal by the attorney Arnold Castilla and after disclosure of Amnesty International. Full story here and here.

BOYS EXERCISING their democratic right.

Nuevo Laredo, Mexico, Children's Agency today .- With the support and congratulations from Governor Egidio Torre Cantú, and the mayor, Benjamín Galván Gómez, 194 children of federal and private elementary schools in Nuevo Laredo, were sworn as School Governors and members.

The event, which forms part of the festivities for Children's Day was the last stage of the so-called "Democratic Experience in Primary School, which began with the holding of an election day , in which 194 students of Nuevo Laredo and 2 000 598 throughout the state, were elected to represent their classmates. Full story here .

unveil MIGRATION PROGRAM TO PREVENT CHILD.

San Luis Potosi, Mexico, Children's Agency was inaugurated today .- Youth Forum "Myths and realities of drugs Youth to Youth" and the workshop "migrant children traveling alone, answer an ethical urgency, "that in San Luis Potosi, where he also attended the president of the National DIF, Margarita Zavala.

In the event, the first lady of Mexico announced the launch of the project "Safe Summer", which seek to prevent children from migrating to the United States.

to students of the Universidad Autonoma de San Luis Potosi, Mexico Margarita Zavala said he "needs his youth and teenagers to love their country, be happy and traveling to other nations of the world . Similarly urged young people "decide that drugs do not enter their houses and learn to make their own decisions." Full story here.

CHILD EXPLOITATION IS NOT A MATTER OF CHILDREN. Photoreportage here.

DO NOT WANT TO BRING DOWN THE GOVERNMENT, BUT REBUILDING THE SOCIAL FABRIC: Sicily.

Rubicel Morelos and Alonso Urrutia / Correspondent and sent

newspaper La Jornada

Cuernavaca, Mor., May 5. In opening the Walk-Run for Peace with Justice and Dignity, the poet Javier Sicilia claimed the move as a social expression against violence unleashed by a senseless war that society is not ordered, and that has already claimed 40 000 lives. He stressed that this demonstration shows that society has begun to leave the fear and urges the authorities and criminals omitted halt the violence.

stated that the motion is not intended to overthrow the government or the authorities of the three levels, but summon them to rebuild the social fabric, because members of organized crime have infiltrated government structures and "now there is a state co-opted that necessarily must be reformed from within. "Full story here .

MEDIA EDUCATION STUDENTS MAY JOIN A STATE POLICE CREDITABLE.

Fabiola Martínez / Newspaper La Jornada

The National Public Security System (NPSS) will recruit young people attending high school education to join the ranks of the so-called Creditable State Police, focused on combating organized crime.

These specialized modules have been qualified by the federal government as "embryos" for debugging and efficiency of state police forces, especially to tackle drug trafficking.

the same operation is based on 420 police officers who will be trained by agencies including the United States and Colombia. Full story here .

OUT OF DANGER, MINING BOY WHO LOST A BENCH IN EXPLOSION OF DEPOSIT.

Item Juan Carlos Garcia / Correspondent / Newspaper La Jornada

Guadalajara, Jal. The teenager mining Jesus Fernando Lara Ruiz, 15, who lost his right forearm due to the explosion on Tuesday in a coal mine in Sabinas, Coahuila, is now out of danger, knowingly and without ventilatory support. It is expected that in the next 72 hours is discharged from the hospital in this capital where he was interned.

The boy turned 48 hours of being admitted to the Western National Medical Center, under the Instituto Mexicano del Seguro Social (IMSS), and was reported as out of danger. It was announced that has begun to receive food, and most likely will not suffer consequences from injuries suffered in the respiratory tract, face and chest by the explosion that made him lose his right forearm. Full story here .

INTERNATIONAL EVENT

TO 25% OF JUVENILE OFFENDER HAVE BEEN VICTIMS OF ABUSE.

Valencia, Spain, Agencia Children today .- 25% of minors who commit crimes had been abused previously, which enshrines the intergenerational transmission of violence. This is evidenced by the report Status of the child in Valencia: victim and offender, developed by the Valencian International University (VIU) and the Queen.

The document, written on behalf of the Department of the Interior, noted that the prevalence of juvenile offenders is generally somewhat higher than the victims, but with differences. In the family, are more likely to be affected than commit it, despite the steady increase in cases of children and adolescents who hit their parents, as the data of the prosecution of minors in recent years. Full story here .

NEW LAW ON PROTECTION OF CHILDREN AND YOUTH INTEGRAL.

Córdoba, Argentina, Agencia childhoods today .- Driven by the provincial government of Cordoba was approved today in the local legislature Bill for the Promotion and Protection of the Rights Integral of Children and Adolescents.

It was appropriate to national law 26061 and among the highlights of the new law is removed from the powers that he gave the judges of childhood and adolescence. Full story here .

TO HIGHLIGHT CHILD ABDUCTION use as soldiers.

UN Children's Agency today .- The NGO coalition forming Watchlist presented yesterday a report in collaboration with the Center for Displacement Monitoring Centre (IDMC) and alleging that Liberation Army (LRA) and other armed movements "Central kidnap children, instruct them in armed groups deprive them of necessary humanitarian assistance. "

"The LRA is present and active in the Central African Republic, where kidnapped children are raped, used as sex slaves and forced to attack villages and kill other people, among which are also minors, "the report said. Full story here .

EXERCISE PREVENT DEPRESSION.

Australia, Children's Agency today .- Experts from Deakin University found that people who did little physical activity during childhood are 35 percent more likely to suffer depression, compared with those who do practice exercise .

Felice Jacka Australian scientist said the research suggests that sport prevents the development of depression. Added that physical activity contributes positively to the formation of brain cells, a situation that helps to better cope with stressful times. Full story here .

CHILD passively INHALE 60 cigarettes S YEAR.

Spain, Children's Agency today .- Children who live in households with snuff, for example, inhale the smoke equivalent to smoking between 60 and 150 cigarettes per year. And her exposure increases by 70% the risk of respiratory infection.

With these data, the Fundació Roger Torné yesterday presented the first European guide to preventing the risk of respiratory infections related to the environment. It's Children's Environmental Health. A lifetime relationship, a work compiled from more than 150 scientific studies. Full story here .