Law and the Mexican Constitution/Ley y la Constitucion de la Republica Mexicana

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As we continue with our entries for the bi-lingual attorneys and lawyers in Cabo San Lucas, San Jose del Cabo and the Los Cabos area of Baja California Sur we have the following:

Continuando con lo mismo articulo 5..ahora en Ingles para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur:

 

Article 5

 

No person may be prevented from performing the profession, industry, business or work of his choice, provided that it is lawful. This right may only be banned by judicial resolution, when third parties’ rights are infringed, or by government order, issued according to the law when society’s rights are infringed.

 

No one can be deprived of legal wages, except by a judicial ruling.

In each state, the law shall determine which professions require a degree to be practiced, the requirements for such degree and the appropriate authorities to issue it.

 

No one can be compelled to work or render personal services without obtaining a fair compensation and without his full consent, unless the work has been imposed as a penalty by a judicial authority, which shall be subjected to the provisions established in the Article 123, sections I and II.

Only the following public services may be mandatory, and always according to the law: military service, jury service, councilman service and positions granted through the direct or indirect vote. Electoral and census duties shall be mandatory and free; however, those services performed professionally shall be paid as provided by this Constitution and any applicable laws. Social professional services shall be mandatory and remunerated according to the law and with the exceptions established in it.

Any contract, pact or agreement, which purpose is the demerit, loss or irrevocable sacrifice of a person’s liberty is prohibited.

 

Any contract by which a person agrees to his own proscription or exile, or by which he temporarily or permanently waives his right to practice certain profession, industry or business shall not be authorized either.

 

A work contract will oblige the person only to render the service mentioned in that contract and during the term established by law, which may not exceed one year. The work contract cannot include the waiver, loss or damage of any political or civil right.

 

In the event that the worker fails to fulfill said contract, he only may be subjected to civil liability, but never may be exerted any coercion on him.