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AUTONOMOUS UNIVERSITY OF SINALOA

FACULTY OF ACCOUNTING AND ADMINISTRATION


LABOR LAW

PRACTICAL CASE:

LEGAL FRAMEWORK OF THE COMPANY


THE COCA-COLA COMPANY

STUDENTS:
Munguía Curiel Alan Eduardo

Rivas Felix Eduardo

Gastelum Palazuelos Rafael

TEACHER:

GRADE: Third GROUP: II CLASSROOM: 28

Culiacán, Sinaloa on December 9, 2015


Introduction
This is a work in which the legal framework of The Coca-Cola Company consists
and how it is designed.

Which is intended to see how one of these is created, the project required going to
visit the company to request the information mentioned above by Professor María
de la Luz Valle Urias to be able to know what to request from the company.

In this work the following points will be shown:

 History of the Company (how it was formed to become the great


organization it is today)
 Training programs (prepare all staff to perform their jobs well.
 Hiring Forms (how the human part of the company is made up)
 Internal regulations of the company (Rules and Obligations of the
organization)
 Working hours (to know if they consist of and are established in accordance
with the law)
 Safety and hygiene program (protection of workers)
 Settlements
 Conclusion
IDENTIFICATION OF THE COMPANY
COMPANY NAME : The Coca-Cola Company

PLACE : Coca Cola, Airport Causeway No. 5501, Col: Bachigualato, Culiacán,
Sinaloa, CP 80140. Sinaloa.

TURN : Commercial

RFC : CCE520101TC7

LOGO :

SLOGAN: “ Uncover happiness”

LOCATION :

BACKGROUND
HISTORY :
The history of Coca-Cola began in a garden in Atlanta, Georgia, USA, more than
100 years ago when John Perberton, a pharmacist by profession, invented the
best-known drink in the world on May 8, 1886, upon discovering a syrup with a
fragrant and delicious taste, with a stimulating, tonic, restorative effect, which
immediately began to be sold at the soda fountain at Jacobs Pharmacy.
The accountant of this soda fountain, Frank Robinson, a friend of Perberton, was
another of the architects of the "miracle"; he named the syrup COCA-COLA ,
thinking that the two "Cs" would be effective in the advertisements, from his fist.
and letter created the logo that has been translated into more than eighty
languages. In 1988 he sold his rights to Asa Candler for no less than $2,300 to be
paid in two years. In 1891 Candler promoted and sold COCA-COLA outside the
state of Georgia.
In 1892 Asa Candler created The Coca-Cola Company with an initial capital of
one hundred thousand dollars and on January 31, 1893 he registered the Coca-
Cola trademark in the US patent office. To meet the growing demand for Coca -
Cola, Candler wanted a drink that had to be unique and original and that could be
cooked even in the dark. In 1915, Alexander Samuelsen of the Root Glass
Company of Indiana, thinking of a feminine silhouette, designed the unmistakable
bottle, which lasts to this day.
In 1899 Benjamin Thomas and Joseph Whithead, both of Clatanooga, Tennessee,
signed with Candler the first franchise agreement to bottle and sell Coca-Cola on a
large scale. Asa Candler sold the company in 1919 to Ernest Woodruff for no less
than $25 million, the largest transaction in the southern United States.
Robert Woodruff, son of Hernest, is the greatest leader in the history of Coca-Cola;
He assumed the presidency in 1923 and made Coca-Cola the best-known brand in
the world. In 1926 he created a Foreign Sales Department and in 1928 Coca-Cola
was already in more than 30 countries.
The 1950s was the era of consolidation, associating with bottlers from various
countries. Currently, Coca-Cola is sold in 190 countries around the world, where it
has become more than just a drink, as it is part of daily life associated with a
moment in each person's life and is the best-known brand in the world. world.
The company is proud of its history. In 1990, he invested more than 2.1 billion
pesetas in the construction of his museum in the city of Atlanta (Georgia), where it
is visited by more than 3,000 people every day, becoming one of the most visited
museums in the world.

MISSION :
Refresh the world in body, mind and soul.
Inspire moments of optimism through our brands
and actions, to create value and leave our mark in
each of the places in which we operate.
VISION :

 Profits : Maximize the return to


shareholders, without losing sight of all
our responsibilities.
 People : To be an excellent place to
work, where our staff is inspired to give
their best.
 Product Portfolio : Offer the world a
portfolio of beverage brands that
anticipate and satisfy people's wants
and needs.
 Partners : Form a successful partner
network and create mutual loyalty.
 Planet: Being a responsible, global
citizen who makes his contribution to a
better world.

VALUES :
We have identified a set of core values that will help rekindle the flame of our
business. Some of these values are enduring, they emerge from our history, we
already know them. Others, however, will be new to us. But all of them must
coexist in our hearts and minds and must manifest themselves in our actions.

We are actively planning and creating support mechanisms to ensure we truly live
our values.

 Integrity
 Quality
 Responsibility
 Passion
 Leadership
 Collaboration
 Diversity

Description of values
 Integrity : Being authentic.

 Quality : What we do, we do well.

 Responsibility : Whether it happens depends on oneself.

 Leadership : The courage to forge a better future.

 Collaboration: Enhance collective talent.

 Diversity: As inclusive as our brands.

 Passion: Committed to the heart and reason.

Organization chart
Forms of contracting.
 How is human resources integrated?
First of all we have to emphasize that at The Coca-Cola Company it is not known as
human resource, but rather as human capital. Human capital is integrated in the
following way.

The first step is for people to bring the job application to the facilities. The next step
consists of collecting all the job applications that arrive. The person in charge of
human capital is in charge of pre-selecting those candidates who most closely
match the profile for the position. Each job position has its profile which establishes
the requirements that the applicant to occupy the position must meet, to request
employees when they are needed. There are different ways to apply for them,
either according to university job boards, or also by publishing notices on the
internet on job portals or on different social networks.

After the pre-selection of the 3 candidates who are closest to the profile, the “First
interview” is carried out, which consists more than anything of validating the
candidate's conditions and thus defining whether or not they continue in the
process. Those who follow may successively have “Technical tests” necessary for
the position and “Psychological tests” to delve into the personality of the applicant.
After all these steps are carried out, the human capital manager prepares a report
on each finalist candidate and passes it on. to the “Final Interview”, the final
interview of the final candidates is carried out by the person in charge of the sector
who prepared the application for incorporation, he or she will select the one who he
considers to be in the best conditions to fill the position and once the decision is
made he informs human capital. Finally, the human capital department confirms
the candidate's decision to join and the final financial proposal. If accepted, he is
sent for a pre-occupational medical examination and the date of entry is combined.
Regarding non-selected candidates, they are informs that unfortunately they were
left out of the selection process and they are grateful for the time given. Once the
entry date is set for the selected employee, they are given training according to the
area in which they entered.

LEGAL BASE

 D.S. No. 039-91-TR, dated 12/30/91, Establishment of the Internal Work


Regulations.
 D.S. Nº 002-97-TR, Single Ordered Text of D. Leg No. 728, Labor Training and
Promotion Law, of 03/27/97 and its amendments.
 D.S. No. 003-97-TR, Single Ordered Text of D.Leg No. 728, Labor Productivity
and Competitiveness Law, of 03/27/97.
 d. S. No. 001-96-TR of 01/24/96, Regulation of the Single Ordered Text of the
Employment Promotion Law.
 Law No. 27404, Modifies the DS No. 002-97-TR, dated 01/21/2001.
 D.S. Nº 011-2001-TR, Modifies the DS Nº001-96-TR, dated 05/01/2001.
 D.S. No. 001-98-TR of 01/22/1998, Rules that Regulate Payrolls and Payment
Slips.
 Law No. 27029 of 12/30/1998, Obligation to keep Payrolls and Payment Slips.
 D.S. No. 017-2001-TR of 07. 06.2001, Modification to the DS No. 001-98-TR.
 Law No. 26790 of 05/17/1997 “Law on Modernization of Social Security in
Health”
 D.S. No. 009-97-SA of 09/09/1997 Regulations of the Law of Modernization of
Social Security in Health.
 Law No. 25129 of 06.12.1989 Family Allowance Law.
 D.S. No. 035-90-TR of 06/07/1990 Regulations of the Family Allowance Law.
 d. Leg. No. 713, Paid Rest Law of 11/08/91 and its amendments.
 D.S. No. 012-92-TR, dated 12/03/92 Regulations of D. Leg. No. 713.
 Law No. 26331, of 06/23/1996 Modification to D. Leg. No. 713.
 Law No. 27735 of 05/28/2002 Law that Regulates the Granting of Gratuities for
Workers of the Private Activity Regime for National Holidays and Christmas.
 d. Leg. No. 692, of 11/06/91, Mechanisms to modify work hours through direct
agreements between the employer and worker.
 d. Leg. No. 681, Law Regulating the Use of Technology of 10/14/91.
 D.S. Nº 009-92-JUS, Regulation of D. Leg. No. 681, dated 06/27/92.
 Law No. 26331 "Provides that various holidays established in Art. 7 of the
D.Leg. No. 713 become effective on the respective date of 06/23/94.
 d. Leg. No. 854 of 10/01/96, Work Day, Schedule and Overtime Work.
 D.S. Nº 008-97-TR, Regulations of the D.Leg. No. 854, dated 10/10/97.
 Law No. 26644, of 06/25/96 Prenatal and postnatal rest for pregnant workers,
modified by Law No. 27402.
 Law No. 27240, of 12/10/1999 Law that grants permission for breastfeeding,
modified by Law No. 27591.
 Law No. 27588, Law that establishes prohibitions and incompatibilities for
public officials and servants, as well as people who provide services to the
State under any contractual modality.
 Regulations of Law No. 27588, approved by DS No. 019-2002-PCM.
 d. Leg. No. 688, of 11/05/91 Law on Consolidation of Social Benefits and its
amendments.
 D.S. Nº 024.2001-TR, Regulates Provisions of D. Leg. No. 688, dated
07/22/2001.
 d. Leg. No. 854, of 10/01/96, Law on the Working Day, Schedule and Overtime
Work, and its amendments.
 D.S. No. 007-2002-TR of 04.07.2002, Law on Working Day, Schedule and
Overtime Work.
 D.S. No. 008-2002-TR of 04.07.2002, Regulations of the Law on Working Days,
Schedules and Overtime Work.
 D.S. Nº 001-97-TR, of 03/01/97, Single Ordered Text of the Law on
Compensation for Time of Service (D. Leg. No. 650).
 D.S. No. 004-97, of 04/15/97 Regulations of the Law on Compensation for Time
of Service and its amendments.
 Law No. 27006, of 12/03/1998 Law that modifies Article 57 of the DS No. 001-
97- TR.
 Law No. 27326, of 07/24/2000 Modifies Art. 57th of the DS No. 001-97-TR.
 Law No. 27735, of 05/28/02 Law that regulates the granting of bonuses for
workers in the private sector for national holidays and Christmas.
 D.S. No. 005-02-TR, of 07/04/02 Regulations of Law No. 27735.
 Beef. SBS No. 860-90R of 12/29/90 They approve the text of the summary and
general conditions of the group life insurance policy.
 RM No. 136-2001-TR, dated 07/27/2001 Summary of labor legislation.
 d. Leg. No. 910 “General Law of Labor Inspection and Defense of the Worker”.
 Supreme Decree No. 020-2001-TR, of 06/29/2001 Regulations of the General
Law of Labor Inspection and Defense of the Worker.
 d. Leg. No. 677, of 10/07/1991 “Profit Sharing Law”.
 d. Leg. No. 892, dated 11/11/1996 “Regulate Profit Sharing in Third Category
Income Generating Companies”.
 D.S. No. 009-98-TR of 08/06/1998 Regulations of the Participation Law
Utilities.

INTERNAL REGULATIONS
FROM THE INTERNATIONAL COMPANY The Coca-Cola Company
YO. GENERALITIES

The Internal Labor Regulations are the labor instrument that aims to establish the labor
conditions, rights and obligations to which The Coca-Cola Company and its workers
must be subject, in harmony with current legal provisions.
.
II. SCOPE
The provisions of this Regulation are of strict and mandatory compliance by the
workers of The Coca-Cola Company .

III. APPROVAL

This Regulation has been approved by Board Agreement No. 023-2006 of 04/12/06
and presented to the Ministry of Labor with Letter No. 067-2006-ENACO SA/GA on
05/17/06.

OF STAFF INCOME AND LABOR SYSTEM

Article 1.- The entry of new personnel to the International Company The Coca-
Cola Company will be carried out taking the Position Classifier as a reference
and observing the management, austerity and personnel selection standards that
are in force. Workers are subject to the labor regime of private activity.

Article 2.- The selected personnel, prior to their entry, must fill out the Affidavit
Form that will be provided by the personnel office, which will be included in their
personal file, together with the documentation requested by the personnel area.

Article 3.- Upon joining the Company's service, the new worker will receive a
document of his/her duties, the certificate of transfer of position, the list of assets
that are delivered to him/her under his/her responsibility, as well as other
instructions and considerations at the discretion of his/her Boss. immediate
superior.

Article 4.- The trial period to achieve protection against dismissal


Arbitrary is three months, and an extension of said period may be agreed in
accordance with current legal regulations.

Article 5.- The General Management may authorize payment up to a maximum


of 25 days for installation expenses to incoming workers with a management or
trust position, as long as the work headquarters is located in a place other than
the worker's home. .

Article 6.- The Personnel Specialist I will be responsible for managing personnel
files, registering and maintaining in a confidential manner the permanent files of
active and terminated personnel. The worker is obliged to update his or her
affiliation data annually, presenting an Affidavit to the personnel office in the
event of any modification.

Article 7.- Workers who are relatives up to the fourth degree of consanguinity or
second degree of affinity and by reason of marriage will not be admitted into the
Company; If this situation exists, they will not be able to work within the same
branch or headquarters.

Article 8.- ENACO SA workers may not be those who are related up to the fourth
degree of consanguinity or second degree of affinity, with third parties dedicated
to the cultivation, commercialization or industrialization of the coca leaf.
Management workers and/or trusted personnel who have the power to hire
personnel, or have direct or indirect interference in the selection process, are
prohibited from exercising said power with respect to their relatives up to the
fourth degree of consanguinity, second. of affinity and by reason of marriage.

Article 9.- Every worker will receive these Internal Work Regulations, which will
be provided by the Administrative Management or whoever acts in their place in
order to make known their rights and obligations, signing proof of having received
them, committing to comply with all its provisions.

WORKING DAY AND HOURS

Article 10.- The Ordinary Work Day is eight (08) hours per day.

Article 11.- The work schedule is as follows:

From Monday to Friday, from 08:00 to 16:15 hrs. including 60 minutes of


refreshments. Work schedules may be set, varied and/or appropriate according
to the main activities of the Company and the needs of each branch in
coordination with the Administrative Management.

All workers must begin their work punctually according to the schedule
established by the Company, subject to the law.

At the time of entry, workers will have a daily tolerance of fifteen (15) minutes
and a monthly cumulative maximum of sixty (60) minutes. Any special regime will
be established by the General Management.

Article 12.- Tardiness will be accumulated and deducted monthly when they
exceed the established tolerance, deducting the first sixty minutes of tolerance,
according to the following scale:

ACCUMULATED LATE DISCOUNT

a) From 61 to 120 minutes: Double the minute value of the basic remuneration.

b) More than 121 minutes: Triple the minute value of the basic remuneration.

Article 13.- The worker who is present after the time indicated as daily tolerance
will not be able to enter the Work Center, and compliance with this provision will
be under the responsibility of the immediate superiors, except for justified
reasons, for which purpose they will have authorization from the Immediate boss.

Article 14.- The worker who exceeds the established monthly tolerance will be
entitled to a written warning. On a second occasion, you will be suspended for
two (02) days without pay.
Vacation control, the right to vacation is granted to the worker in accordance
with the Law. The physical enjoyment of vacation must be made from the 1st
or 15th of the corresponding month according to the respective role, at which
time remuneration will be paid for the vacation assignment. The
Administration may postpone or advance the physical use of vacations due to
service needs and others. The worker will enjoy vacation rest uninterruptedly,
and for periods of no less than seven calendar days in accordance with the
Law.

MODALITY OF WEEKLY BREAKS ON HOLIDAYS AND VACATIONS

Article 31.- Paid breaks for staff will be two days, preferably on Saturdays and
Sundays, which may be varied according to the areas, requirements and needs
of the Company, with prior authorization from the Administrative Management.

Article 32.- Workers have the right to paid rest for holidays as established by
current labor legislation. In the case of non-national holidays that, due to usage
and customs, are celebrated in certain places in the country, the Administrative
Management may authorize the suspension of work on condition of recovering
the hours stopped working or according to Law.

Article 33.- When the services of a worker are required outside official hours,
with prior agreement and authorization from the Administrative Manager, the
overtime voluntarily worked will be compensated with the granting of equivalent
periods of rest.

Article 34.- The right to vacation is granted to the worker in accordance with the
Law.

Article 35.- The physical enjoyment of vacations must take place starting on the
1st or 15th of the corresponding month according to the respective role, at which
time remuneration will be paid for the vacation assignment. The Administration
may postpone or advance the physical use of vacations due to service needs
and others. The worker will enjoy vacation rest uninterruptedly, and for periods of
no less than seven calendar days in accordance with the Law.

Article 36.- Each Manager, Head of Office or Branch Administrator, as the case
may be, must send to the Administrative Management the annual vacation
schedule of the personnel under their charge, in the month of November of each
year, so that the area of staff develop the vacation role.
Training Forms:

There are several training and development methods used at THE


COCA-COLA COMPANY, but it is important to know that any of
these can be used for both training and development.

When selecting a technique, several factors must be considered. No


technique is ideal, the best method depends on:

• Cost effectiveness
• Desired program content
• Preferences and capacity of the people who will receive the
course
• Suitability of the facilities available
• Learning principles to use
Methods

a) direct instruction on the position is given during work hours. It is


used basically to teach workers and employees how to perform
their current position. Instruction is provided by a trainer,
supervisor, or experienced co-worker.
The person who will receive the training is provided with a general
description of the position, its objective, and the results expected
from it. The trainer then provides a model that can be copied.
Demonstrations and practices are repeated until the person
masters the techniques.

b) job rotation In order to provide your employees with experience


in various positions, staff rotation from one function to another is
encouraged. Each position move is preceded by a direct instruction
session. This technique helps the organization during the period of
vacations, absences, resignations, etc.

c) expert-apprentice relationship in this type of techniques, there


are clear advantages for a group of qualified workers since very
high levels of participation and transfer of work are observed,
therefore feedback is acquired practically immediately.

d) conference, videos, films, audiovisuals, online, via the Internet


tend to depend more on mass communication and less on active
participation, generally allowing savings of time and resources.

In many companies, the practice of showing an audiovisual on


special occasions has become popular, such as the first contact of a
new employee with the organization. Others lean towards films,
videos and professional exhibitors. Computer simulations are also
used, this method often takes the form of games, where the players
make a decision and the computer determines the outcome. It is
widely used to train managers in decision making.

HYGIENE AND SAFETY STANDARDS AT WORK AND


ACCIDENT PREVENTION

Article 76.- ENACO SA, in compliance with current labor legislation, as well as
on its own initiative, will adopt the maximum safety measures at work in order to
preserve the life and health of its workers.

Article 77.- During daily work, every worker is obliged to protect himself and his
co-workers against all kinds of unsafe actions and conditions.

Article 78.- Work areas must be kept clean of materials, waste, etc. to protect
the health and safety of other workers. It is strictly prohibited to stain walls, stairs,
ceilings, doors, etc. and make registrations in them. It is the obligation of workers
to collaborate in the conservation and hygiene of the workplace.

Article 79.- Any work accident, no matter how minor, must be reported to the
immediate superior by the person who suffers or witnesses it.

Article 80.- Every worker must immediately notify their superiors about any
unsafe or dangerous place or condition; for the adoption of corrective measures.

Article 81.- Bathrooms and hygienic services are installed to protect


the health and hygiene of all the Company's workers, so its correct use and
conservation are mandatory.

Article 82.- Staff are obliged to take care of their belongings, therefore, the
company will not assume responsibility in cases of deterioration or loss.
Article 83.- The Company will provide its workers with personal protection
elements according to the operation they carry out; and will provide the
necessary equipment and control devices to avoid accidents.

Article 84.- It is the company's policy to ensure the good health of its staff.
Consequently, the Company will coordinate and schedule the relevant medical
examinations with the health entities. It will also provide the worker with the
facilities to attend the health center or office.

Article 85.- ENACO SA reserves the power to dictate general or specific


provisions related to hygiene and safety in the circumstances and opportunity it
deems appropriate.

Ways to apply settlements, labor terminations:

-It takes place in the use

-The withdrawal process is done

-The settlement is calculated

-You are notified by phone of the appointment

-You are paid proportionally to the time worked


Conclusion
The Coca-Cola Company is a world-class company that we admire as it manages an
exquisite legal framework. The margin of error in this organization is almost
minimal. With this work we realized many things that we did not even imagine, for
example of how the internal rules of this company adhere so closely to what is
established by law.

What surprised us most was that for The Coca-Cola Company its human capital is so
important, and it is essential for them that this company maintains a low level of
employee turnover, which is why they are responsible for knowing how to motivate
them and not exploit them.

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