exv10w13






Exhibit 10.13



INDIVIDUAL LABOR AGREEMENT FOR AN INDEFINITE TERM (HEREINAFTER REFERRED TO AS THE “AGREEMENT”)
EXECUTED, ON ONE SIDE, BY KANSAS CITY SOUTHERN DE MEXICO, S.A. DE C.V. (HEREINAFTER REFERRED TO AS
THE “COMPANY”), REPRESENTED IN THIS ACT BY MR. LIC. JUAN EZEQUIEL VERGARA KURI AS ITS LEGAL
REPRESENTANT AND, ON THE OTHER SIDE, BY, GLORIA MINERVA BALLESTEROS (HEREINAFTER REFERRED TO AS THE
“EMPLOYEE”), ON ITS OWN RIGHT, SUBMITTING THEIR WILL TO THE FOLLOWING DECLARATIONS AND CLAUSES:




DECLARATIONS





	I.	 	The “COMPANY” declares:
	 
	a)	 	That it is a variable capital stock corporation constituted in accordance to the laws of the
United Mexican States.
	 
	b)	 	That in accordance to its social purpose, it has the capability and faculties required to
execute this Agreement.
	 
	c)	 	That its address is located at Montes Urales No. 625, Colonia Lomas de Chapultepec,
Delegacion Miguel Hidalgo, C.P. 11000, Mexico, Federal District.
	 
	d)	 	That it requires the services that will be rendered by the qualified Employee, which has the
necessary skills and knowledge to fulfill its duties as Transportation Planning Assistant.
	 
	II.	 	The Employee declares:
	 
	a)	 	That its name is as it was established in the present Agreement.
	 
	b)	 	That it is of Mexican nationality.
	 
	c)	 	That it is 26 years old.
	 
	d)	 	That its civil status is married.
	 
	e)	 	That it is Female.
	 
	f)	 	That its address is located at Cerritos 202 Dept 3 Col Mitras Centro CP 64320 Monterrey NL.
and that if domicile herein provided is modified, it will be obliged to provide a written
notice of said modification to the “COMPANY” in a maximum term of 5 days as of the date in
which the change of domicile was performed, in the understanding that if such obligation is
not fulfilled, it will recognize the last address provided as the authorized address for all
the legal effects derived from the present Agreement and specially the ones provided by
articles 47 and 991 of the Federal Labor Law.




 









 






	g)	 	That he is aware of the work to be executed at the “COMPANY” and that it may eventually
provide services to other subsidiary companies and/or subsidiaries from Kansas City Southern
(which “COMPANY” is also a subsidiary of), and additionally agrees to develop relationships
with and perform works for such companies, and agreeing that the “COMPANY” will be its only
employer.
	 
	h)	 	That it has the capacity and experience required to provide its personal services to the
“COMPANY” in the position for which it was hired and not having, to this date, any criminal
records, and having the legal capacity required to perform its services when this Agreement is
executed.
	 
	i)	 	That has read, understands, and consents all the internal regulations applicable to the
“COMPANY”’s employees.





Having stated the previous declarations, the parties agree to adjust their labor relationship to
the following:



CLAUSES




FIRST. “TERM OF THE AGREEMENT”. The present Labor Agreement is executed for an Indefinite
Term and may not be modified, suspended, breached, or terminated if not by the parties’ mutual
agreement or as provided by the Federal Labor Law and its applicable regulations.



SECOND. “SERVICES PROVIDED”. The “EMPLOYEE” will render his personal and subordinated
services to the “COMPANY” in the category and in the position of Transportation Planning Assistant
and it agrees to provide such services in a subordinated manner and subject, at all time, to the
“COMPANY”’s Board of Directors or any other person or entity designated by the “COMPANY”’s Board of
Director, having, due to its position, the following obligations:



THIRD. “WORKPLACE”. The “EMPLOYEE” will provide his services to the “COMPANY” in any of the
“COMPANY’s facilities or where such are required, the previous in accordance to the orders provided
by the “COMPANY”’s representatives, and the “EMPLOYEE” will be obliged to render his services at
the location of the facilities where such are required or where the “COMPANY” is located, including
Mexico City and Monterrey. Moreover, the “COMPANY” has the capacity to change its address at any
time, prior notice and agreement between the parties regarding the way to do so.



FOURTH. WAGE. THE “EMPLOYEE” will accrue a monthly gross wage of $ 10,936.00 previous to
the corresponding tax deductions for such amount, at the “COMPANY”’s address or in the place
assigned for such matter. The previous wage includes the payment for the seventh day and the
corresponding obligatory holidays, as well as the proportional part the weekly rest days, in
accordance to the provisions of the Federal Labor Law, as well as additional applicable benefits,
as provided by the Federal Labor Law or by specific norms applicable to the “COMPANY” due to its
social activity.



 









 





FIFTH. “LENGTH OF THE WORKING DAY”. Due to the nature of the duties to be performed by the
“EMPLOYEE” in connection to its position, same which are considered trust duties, it will
distribute his daily working schedule in accordance to the “COMPANY”’s operating requirements.



SIXTH. “EXTRA TIME”. The “EMPLOYEE” agreed to perform its services in extra time when the
COMPANY requires it and both agreed that the employee will not perform in extra time if the company
does not give its approval



SEVENTH. CONFIDENTIALITY. The “EMPLOYEE” recognizes that it has, due to the services agreed
herein, access to confidential information, manufacturing secrets, commercial and operational
aspects of the “COMPANY” that are considered an industrial secret; obliging itself not to divulge
nor reveal such information to third parties, except if the “COMPANY”’s representatives issue a
written authorization, being itself subject to the corresponding sanctions in case if such does not
comply with the provisions included in this Clause.



EIGTH. MEDICAL EXAMS. The “EMPLOYEE” obliges, as provided by the article 134 subsection X
of the Federal Labor Law, to summit itself to all the check-ups and medical exams requested by the
“COMPANY”, as well as to such required as provided by the Health Regulation.



NINTH. GENERAL CONDITIONS. The “EMPLOYEE” obliges, to work in general conditions that the
“COMPANY” establishes, also to the rules, policies and codes that rules in the “COMPANY”.



TENTH. TRAINING. The “EMPLOYEE” obliges itself to receive training in accordance to the
courses established in the programs duly authorized by the Ministry of Labor and Social Welfare, as
provided by Title Four, Chapter III BIS of the Federal Labor Law. The “EMPLOYEE” obligates itself
to assist punctually to the courses, group sessions, and other activities that are part of the
training process, as well to perform instructions related to such programs, and take the
performance and aptitudes tests required as provided by article 153-H of the Federal Labor Law.
Ninth



ELEVENTH. VACATIONS AND VACATION BONUS. The “EMPLOYEE” will have the right to an annual
vacation period of 10 (TEN) days. The vacation periods are annually and should not be accumulated
in any case whatsoever.



To enjoy the annual vacation period, at all time the “COMPANY”, alongside the “EMPLOYEE”, will
determine the schedule for the “EMPLOYEE” to enjoy its corresponding vacations.



THE “EMPLOYEE” should have right to the payment of a vacation bonus of 50% of the number of
vacation days corresponding to each year and such should be automatically covered at the moment the
“EMPLOYEE” reaches its first anniversary with the “COMPANY”.



TWELVE. “SENIORITY” The “COMPANY” recognizes as hiring date for the employee the day of June 24th
of 1997



 









 







THIRTEENTH. THE “EMPLOYEE” would have the right to an annual bonus, as provided by article 87 of
the Federal Labor Law, for the amount of 30 (thirty) daily wages, same which it will be covered in
December; the “EMPLOYEE” will also have the right to the obligatory rest days provided by article
74 of the Federal Labor Law, as well as the weekly rest days, which shall be Saturdays and Sundays,
preferably.



After reading this Agreement and knowing its contents and the obligations herein included, the
parties sign it free of any coercion and by their own will in Mexico City, Federal District on the
January 18th of 1999.