Article 1. These Working Conditions are compulsory for all personnel of THE AMERICAN SCHOOL FOUNDATION OF GUADALAJARA, A.C (ASFG). The major purpose herein is to attain improved performance and stabilize the relationships between ASFG and its component’s in an environment of harmony and trust that allows for the optimum utilization of knowledge, skills, and authority for the benefit of the students in order to offer the highest educational level.
Article 2. For the correct interpretation and application of this document, the following definitions are established:
Article 3. The School will abide by these Conditions through its Director General or legal representatives checking that the Federal Labor Law's terms and conditions are met.
Article 4. Personnel are entitled to be and will be subject to the School’s salary scale.
Article 5. The rights and obligations of both full-time and occasional personnel are established in the contract, herein and in the Federal Labor Law.
Article 6. All workers will start providing services to the School once they have signed the respective Individual Working Contract, which is the sole document whereby the school acknowledges a person as an employee.
Article 7. All workers should demonstrate the necessary abilities as well as the adequate behavior to develop the tasks entrusted to him/her. Otherwise, these Working Conditions and the Law will be applied accordingly.
Article 8. The employees will begin and end their jobs precisely in the place assigned by the School and perform any other activities inherent to their main responsibility.
Article 9. Workers will develop their working day efficiently and avoid wasting time.
Article 10. Official entrance and exit time will be announced by the Direction General according to School needs with no further formalities.
Article 11. Without any exception, employees should be in their working places and initiate their duties at the exact hour established in the contract. A 5-minute delay will be allowed for exceptional situations, but this will not be considered as a permanent right.
Article 12. The School reserves the right to allow the employee to enter or not the employee that is late to work. Should the employee not be admitted, an unjustified absence will be recorded for all the legal purposes that may arise, and he/she will not be entitled to the pay and benefits that correspond to the days of absence.
Article 13. It will be the employee's obligation to check-in and check-out on the attendance card daily upon beginning and ending of the working day, and sign it the first day of every month or register on section attendance lists or any other control that the School establishes. Failure to meet this provision will result in the day considered as an absence.
Article 14. Each employee is responsible for the proper use of the attendance card/list; any misuse will be sanctioned according to the provisions herein.
Article 15. The School reserves the right to make any changes in the working schedule of the workers whenever such changes are required for applying curriculum or re-engineering as established by any educational or administrative authorities, according to the School needs, provided such changes do not exceed the amount of working hours established or imply that the worker works during his/her non-working days.
Article 16. Workers will be entitled to a weekly period off as established in Federal Labor Law Article 69.
Article 17. Workers will be entitled to receive a salary for the holidays established by the Federal Labor Law and the Secretary of Public Education’s official calendar. The School will observe Thanksgiving Day as it has traditionally done.
Article 18. Workers are entitled to vacations under Article 76 of the Federal Labor Law.
Article 19. Workers are entitled to a vacation bonus that will be delivered before spring break according to the following scale:
It is understood that the employee’s years of service will be accounted for from his/her first working day at School. No permits for unpaid periods off of one year or more will be taken into consideration.
Article 20. Any absences without permission or justification during the days after or before any holiday or vacation period will be sanctioned as established herein.
Article 21. The School will implement all the safety and hygienic measures that it considers appropriate to prevent accidents and/or work-related illnesses in the school, and the ones required by the competent authorities. For that purpose, classrooms, halls, libraries, auditoriums, courts, playgrounds, restrooms, offices, gardens, and other areas will be maintained clean; there will be emergency extinguishers in strategic places. Medicines and first-aid materials will be timely provided to teachers and employees if necessary. Workers will provide surveillance and support for maintaining their respective working areas clean and tidy.
Article 22. For the purposes of this chapter, the School will integrate a permanent mixed commission for safety and hygiene.
Article 23. All School workers are obliged to observe the safety measures for the prevention of accidents.
Article 24. The School will enroll all its employees in the Mexican Social Security Institute (Instituto Mexicano del Seguro Social, I.M.S.S.) Therefore this Institution will be in charge of the money and in-kind considerations established by the Social Security Law and its Regulations.
Article 25. Should a worker be absent due to general illness or a work accident, he/she must justify the absences by delivering to the School the incapacity certificates issued by I.M.S.S. Otherwise, absences will be considered as unjustified.
Article 26. Should a worker be disabled due to an illness, the School will pay the complete salary of the first three days upon delivery of the incapacity certificate issued by IMSS. For the two subsequent days, the School will cover a supplement (40%) to the portion covered by IMSS. This benefit (40%) will be provided monthly, that means that if the worker files two or three incapacity certificates in one month, ONLY the first certificate will apply for this benefit.
Article 27. Permission to be absent with pay may be granted by section principals provided that a written request has been filed at least 24 hours previously; this permission cannot exceed a total of twenty (20) working days. The situations in which this may occur are:
In the case of paragraphs a and b in this article, direct family member means the worker’s parents, siblings, spouse, and children.
Article 28. Every full-time worker will have the right to a maximum of three (3) days of absence (not cumulative) per school year with salary, for those unavoidable personal matters that cannot be done after working hours. For that purpose, the worker agrees to file a written request for authorization with their immediate supervisor. These requests should be sent to the supervisor at least three (3) days in advance. Reasons for a personal day will be stated. All personal day requests with approval or denial will be sent to the Director General within 24 hours.
The cases in which personal days CANNOT be taken are:
It is understood that the three (3) personal days referred to will be paid 100%. Should a salary deduction need to be applied after the allotted three (3) personal days have been used, salary for this deduction will be calculated on a 30-day basis; this means 1/30 of the total monthly salary per day will be deducted for days not worked. Half-day absences are permitted (on campus from 8:00 am to 11:00 am or from 11:00 am to 2:30 pm).
Workers leaving early before or coming back late after a vacation period are not entitled to justify those absences with a personal day even if they were not personally responsible for the delay. Please plan trips taking into account possible weather or travel issues.
Consecutive days:
Documents will be placed in permanent files for the following reasons:
The school encourages all staff members as well as students to be on campus during all regularly scheduled school days. We appreciate staff members who utilize their personal days only for tasks that cannot be completed at any other time. When health or family emergencies arise or when invitations from family or friend events are extended it is extremely helpful to have unused personal days available for these situations. When entertaining friends or family members from outside the city, consider re-arranging schedules (other teachers substituting for a class, etc.) or taking just ½ a day.
Article 29. A full-time teacher can apply for a temporary leave of absence without salary for up to one year only once, provided that such leave of absence does not interfere with School operation and all the requirements established in the appropriate School's policy are fulfilled. The Director General will issue a written decision regarding each previously written request. Should the teacher not arrive to work in the date agreed upon, the Contract will be considered terminated without any further responsibility for the School. This benefit will be granted ONLY to full-time teachers who have completed three (3) years of uninterrupted service.
Article 30. The employee's salary will be paid in the School's administrative offices or in the bank contracted for that purpose on the days established in the payroll payday schedule. Therefore the salary will be paid directly to the worker. Only when the worker is not able to collect personally, payment will be delivered to the person appointed by the worker as agent by means of a power of attorney and presenting official identification of both parties as set forth in Federal Labor Law Article 100.
Article 31. Workers agree to sign the payrolls or receipts, as well as the attendance cards or any other document that the School requires as proof of payment of salaries or any other service. A worker’s refusal to sign the documents referred to herein will result in the School being relieved from meeting the corresponding obligation.
Article 32. The School provides all workers with a life insurance policy as an extra benefit; the conditions and benefits are detailed within said policy.
Article 33. The School provides all workers with a Group Medical Insurance policy as an extra benefit. The conditions and benefits of such insurance are detailed in the policy. The dependents of workers (spouse and children) can be included in this policy; the expenses incurred by them will be covered 100% by the worker.
Article 34. Workers are entitled to a Christmas bonus equal to a 30-day basic salary plus the amounts granted as food coupons, attendance bonus and saving-fund for the employees who served the whole year. A proportional amount will be provided to the employees who worked a part of the year only. Christmas bonus will be delivered during the second week of December.
Article 35. The policy for educational services that are awarded to the children of full-time teachers is as follows:
Article 36. When the teacher's nationality is not Mexican, the School will ask for the necessary documents to request the appropriate permit from the Secretary of the Interior so that the teacher can work exclusively for the School. The documents include but are not limited to:
These last two documents must be accompanied by the appropriate apostille from the country of origin. These documents should be delivered to the Human Resources Office upon arrival at ASFG. If such documents are not delivered on time thus giving rise to fines, the teacher will pay such fines.
Should the Secretary of the Interior not authorize permission, authenticate the documents, or cancel the permit for the teacher to continue serving the School, the teacher will be discharged from the Institution with no further obligation taken by it.
The cost of this immigration proceeding will be covered by the School except for the situations when the teacher does not finish the school year for which he/she was hired. In those cases the teacher agrees to pay 50% of all the expenses incurred by the School.
The School will support the teacher in all these governmental proceedings for his/her direct family members, provided that the documents required by the Secretary of the Interior are delivered on time. The cost of these proceedings will be covered 100% by the teacher.
Article 37. Besides the obligations established in the respective Contract and article 134 of the appropriate Law, workers will have the following responsibilities:
Article 38. Workers will abide by the following restrictions and prohibitions:
Article 39. Causes for rescission without any further responsibility for the School are established in Federal Labor Law Article 47.
Article 40. Any breach of these Working Conditions or Individual Working Contract or Federal Labor Law that is not considered as a cause for rescission will be sanctioned by the School with a warning and suspension of work without salary for up to eight days, depending of the seriousness of the fault. The Human Resources Department will investigate each case, always listening to the worker for whom the disciplinary measures are being considered; the worker will be notified in a timely fashion about the disciplinary measures to be applied.
Article 41. Considering what has been established in Article 40, the following order will be established when dealing with disciplinary measures:
Article 42. For sanction application purposes, section principals will report workers’ faults to the Human Resources office and this department will apply the appropriate sanctions.
Rescission of contract may be executed with the previous authorization of the Director General or the Board of Directors.