Legal Sentence Against Odesia Group in Mexico Ratified

MONTREAL - Jan. 6, 2014 - PRLog -- GRUPO VALPI-CARAL and its legal advisors publicly disclose the legal position of Odesia Group and Odesia Solutions in Mexico after a couple of years and legal procedures initiated due to the non compliance of legal agreements between the parties.

GRUPO VALPI-CARAL notifies to the general public and investors the progress in the labor trial filed by Alfredo Piña Cedillo against Resource IT de México, S.C., Global Business Integration de México, S. de R.L. de C.V., Odesia Group Inc., and Odesia Solutions Inc., where an award or sentence has been ruled condemning these companies to pay a previously undisclosed amount in Mexican Pesos.  This sentence has been reviewed and updated by the Labor Authority.

On November 13th, 2013, a resolution was issued under the file where the labor proceedings filed by Alfredo Piña Cedillo against Resource IT de México, S.C., Global Business Integration de México, S. de R.L. de C.V., Odesia Group Inc., and Odesia Solutions Inc., are being processed, whereby Mr. Alfredo Piña Cedillo, by his proxy, requests to update the unpaid or overdue salaries, in addition to the inclusion as part of the sentence, of indemnifications consisting of THREE MONTHS OF SALARY PER YEAR OF SERVICES PROVIDED AND SENIORITY PREMIUM AND TWENTY DAYS OF SALARY FOR EACH YEAR OF LABOR SERVICES AND A SENIORITY BONUS.

Said resolution, in its corresponding part, textually reads as follows:

“…….. The labor relationship that bound the parties is hereby terminated and the defendants  Global Business Integration de Mexico, S. de R.L. de C.V.,  Resource IT de México, S.C., Odesia Group Inc. and Odesia Solutions Inc.,  are condemned to pay and comply with the benefits and indemnifications below:  Constitutional Compensation consisting of three months of salary,  equivalent to the amount of $ 371,858.40 (Three Hundred seventy-one thousand eight hundred fifty-eight pesos 40/100 national currency), Salaries from May 22, 2013 to date,  which amounts to $768,507.73 (seven hundred sixty eight thousand five hundred seven pesos 73.00 national currency), Twenty days per year of service,  which amounts to $ 543,574.34 (Five hundred and forty three thousand five hundred seventy four pesos 34/100 national currency),  Seniority premium at a rate of 78.9 days,  which amounts to $ 8,197.71 (Eight thousand one hundred ninety seven pesos 71/100 national currency), plus all such the benefits to which [the defendant] was sentenced by award dated  May 30, 2013,  amounting to a total of  $ $7,109,829.77 (seven million one hundred and nine thousand eight hundred and twenty nine pesos 77/100 national currency). In view of the above, the petitioner is informed that in order to comply with the provisions set out in Article 945 of the Federal Labor Law, the defendant Global Business Integration de Mexico, S. de R.L. de C.V., Resource IT de México S.C., Odesia Group Inc. and Odesia Solutions Inc., are granted a term of seventy-two hours following notice of this resolution,  to pay in favor of plaintiff, the payment of the benefits for which they are condemned ....... "

It is important to stress that Mexican labor laws provide that for as long as the award or sentence remains unpaid, there is a concept called "Overdue Salaries [Salarios Vencidos]", provided for by Article 50 Section III of the Federal Labor Law and which specifies that for as long as a sentence issued by award or judgment remains unpaid, the amount equivalent to one day of salary per day elapsed shall be paid. In this case this sentence amounts to $ 4131.76 per day for each additional day elapsed and until the sentence has been paid in full.

By virtue of the above, this labor liability should be taken into account as part of the financial provisions of the companies sued and sentenced by this award.

Our legal advisors have already communicated this sentence to the above mentioned companies, they are respectfully exhorted to voluntarily fulfill the sentence that was imposed on them by a Mexican Labor Court, for otherwise, we will be forced to carry out a payment requirement and consequently, a forced collection at their domicile in the city of Montreal in Canada.

On the side, several communications have been sent to the public companies without response offering the opportunity to negotiate before the sentence keeps increasing.  The companies have ignored any type of approach.

There are other undergoing legal procedures against Odesia Group and Odesia Solutions initiated by Grupo VALPI-CARAL.

DISCLAIMER: Grupo VALPI-CARAL has initiated a series of legal procedures against Odesia Group and Odesia Solutions for a series of contract breaches. Grupo VALPI-CARAL has no direct involvement in the decision taking process of Odesia Group and Odesia Solutions since we have a minor participation in the companies therefore we’re not liable for any breach or legal process against these companies. For further information and a copy of our press release e-mail us at info@grupovalpi.com