Issue 122–May 2014

May 10, 2014

The Energy Reform in Mexico: Reviewing the Secondary Statutes Supporting the Energy Reform Initiatives

On April 30, 2014, the President presented the specific federal statutes that will govern the implementation of recent constitutional and legal reforms to Mexico’s energy sector. Such statutes are pending enactment in Mexico’s Congress and are required to complete the implementation of the historic constitutional energy reforms adopted in December 2013.  The proposed secondary legislation includes nine initiatives that would either create or substantially reform 21  different Mexican federal laws. Although the three-month term established by the transitory constitutional articles for the approval of such pending statutes was not met, the resulting proposal  has the benefit of being the product of rigorous technical work, which can serve as a good starting point for parliamentary deliberation and public debate.   The … read more

May 10, 2014

Recent Jurisprudence – Indemnity for Damages Caused by the Establishment of Easements for Transmission Lines

By Adrián Salgado

Recently, the First Collegiate Circuit Court on Criminal and Administrative Matters of the Twenty-First Circuit published, in the Judicial Weekly of the Federation, case decision number XXI.1o. PA.18 A (10a.), the title of which reads: “Indemnity for damages caused to parcels of land due to the establishment of legal easements from electrical energy transmission lines. The case holds that decisions on quantification reached by the agrarian courts should be conducted in accordance with the terms of Mexico’s federal civil law and not based on the valuation procedures established by the Institute of Administration and Appraisals of National Assets.” In such decision, the Collegiate Circuit Court determined that when authorities of the public administration of the Mexican federal government and of … read more

Investing in Real Property with a History of Having Been Communal Property (“Ejido”)
By Jorge Ojeda and Marimar Pérez Cacheaux

 Multiple hotel developments, golf clubs, industrial plants and a whole range of investments in Mexico have been and continue to be developed on tracts of real property which, at one time or another, were communal properties (“ejidos”). One often hears stories of investors who were fooled into believing that they were purchasing private property, when in fact they were being offered to purchase ejido land, which caused many “headaches” for such investors.   The regime of land of communal origin presents various peculiar features, which must be understood. The Agrarian Law (Law) classifies communal properties as real property for communal use, real property for human settlements and real property that is divided into parcels. In principal, only parceled real property … read more

Labor Law, Work Shift and Overtime
By Pablo Sáenz

The Federal Labor Law (“FLL”) establishes that the work shift may be freely agreed upon by and between the employer and its employees, so long as the employer does not exceed the maximum work shifts established by the FLL. The FLL provides that employers may utilize the following types of work schedules with its personnel, in order not to violate the FLL: a).- The day shift, which begins at 06:00 hours and ends at 20:00 hours, with a maximum duration of 8 hours per day or 48 hours per week; b).- The night shift, which begins at 20:00 hours on one day and ends at 06:00 hours on the following day, with a maximum duration of 7 hours per day … read more