Notas de Interés
Minimum Wage 2023
As of January 1st, 2023, an increase of 20% in the general and professional minimum wages of both salary areas of the country will take place.
IMPORTANT CRITERIA ABOUT PTU
Protection was recently granted to the National Mining and Metallurgical Union “Frente”, by the Eight District Judge in Labor Matters of Mexico City, against the Decree that reforms article 127, section VIII, of the Federal Labor Law, which establishes a maximum limit to the amount of the profit sharing of the employees of three months of salary or the average of the participation received in the last three years, whichever is more favorable.
NOM-037-STPS-2023 TELEWORKING – HEALTH AND SAFETY CONDITIONS AT WORK
What do you need to know about NOM - 037?
Objective.- Establish the safety and health conditions at work for people under the Teleworking modality to prevent accidents and illnesses.
Vacations Reform 2023
We inform you that yesterday, December 27, the Decree reforming articles 76 and 78 of the Federal Labor Law regarding vacations was published in the Official Gazette of the Federation in the following sense:
Minimum Wage 2023
As of January 1st, 2023, an increase of 20% in the general and professional minimum wages of both salary areas of the country will take place.
ENTRY INTO FORCE OF THE REFORM TO THE FEDERAL LABOR LAW REGARDING VACATION PERIODS
This past November 3rd, 2022, the Senate approved the reform to articles 76 and 78 of the Federal Labor Law, which extend the vacation period that workers will continuously enjoy to double the previous Federal Labor Law disposition in regards to the first year worked, increasing by two working days, until reaching twenty, for each subsequent year of services. As of the sixth year, the vacation period will increase by two days for every five years of service", as detailed in the following table:
LABOR REFORM IN ITS THIRD STAGE ENTERS INTO EFFECT
On September 20 of this year, the federal government published the entry into force of the third stage of the labor reform in which it establishes that as of this October third, the Labor Courts, as well as the Labor Conciliation and Registration Centers, both Local and Federal, will enter into operation regarding the States of Chihuahua, Mexico City, Coahuila, Jalisco, Michoacan, Nayarit, Nuevo Leon, Sinaloa, Sonora, Tamaulipas and Yucatan.
INCREASE IN THE MINIMUM WAGE
As of the publication in the Official Gazette of the Federation of the Joint Statement 033/2021 by which the increase in the minimum wage for the year 2022 is made known. The Council of Representatives of the National Commission of Minimum Wages, chaired by Luis Felipe Munguía Corella, agreed, this past December 1st, unanimously, an increase in the general and professional minimum wages of both salary areas of the country of 22%.
ENTRY INTO FORCE OF THE FEDERAL CENTER FOR CONCILIATION AND LABOR REGISTRATION
According to the Agreement by which the beginning of the registry functions of the Federal Center for Conciliation and Labor Registration published the past October 13th in the Official Gazette of the Federation, which states that starting November 3rd 2021 all functions concerning document and union registry, collective employment agreements and their contractual and salary review, internal work regulations, as well as all administrative processes related to the Federal Center for Conciliation and Labor Registry, in for the following States of Aguascalientes, Baja California, Baja California Sur, Coahuila, Colima, Chihuahua, Mexico City, Guanajuato, Guerrero, Jalisco, Michoacán de Ocampo, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, Sinaloa, Sonora, Tamaulipas, Tlaxcala, Veracruz de Ignacio de la Llave and Yucatán.
Entry into force of the Labor Reform concerning several States
As of November 3th 2021 it will enter into force the Second Stage of Implementation regarding the Labor Reform for the Justice System which will begin in the Labor Courts, as well as the Labor Conciliation and Registration Centers, in both Local and Federal jurisdictions, for the following States: Aguascalientes, Baja California, Guanajuato, Colima, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, Tlaxcala and Veracruz, in addition to this the State of Hidalgo will adopt this stage strictly for the local jurisdiction, whereas in the States of Baja California Sur and Guerrero this stage will enter in to force on the federal jurisdiction.
REGISTRATION OF INDIVIDUALS THAT PROVIDE SERVICES OR EXECUTE SPECIALIZED WORK
Today May 24, 2021 an agreement was published in the Federal Official Gazette by which the general provisions for the registration of individuals or legal entities that provide specialized services or execute specialized work referred in the article 15 of the Federal Labor Law were published.
OUTSOURCING AMENDMENT
On April 23, 2021, a Decree was published in the Federal Official Gazette amending several legal provisions regarding the outsourcing.
OUTSOURCING AGREEMENT
Yesterday, April 05 of 2021, the main representatives of the labor and business sectors, officials of Mexico’s Government, as well as representatives of the Legislative Power met with the President Andrés Manuel López Obrador, in order to reach the following agreements:
TELEWORKING AMENDMENT
Today, January 11, 2021, the labor amendment on Teleworking has been published.
TELEWORKING is defined as a form of subordinate labor organization that consists of the performance of paid activities, in places other than the employer's establishment, so the physical presence of the worker in the workplace is not required, using information and communication technologies for contact and command between the worker and employer.
GENERAL MINIMUM WAGE 2021
The National Commission of Minimum Wages (by its acronym in Spanish CONASAMI) agreed to increase the general minimum wage throughout the country by 15% in the following manner: for the North Border Free Zone (NBFZ) by $15.75 in the Independent Recovery Amount (IRA) and 6% to the salary and for the rest of the country by $10.46 in IRA and 6% to the general minimum wage, as well as to increase the minimum professional salaries. Therefore, starting January 1, 2021, the new general minimum wage will be $141.70 for the rest of the country and $213.39 for the NBFZ.
EMPLOYER'S OBLIGATION TO PERFORM COVID-19 TESTS ON THE CDMX
We inform you that, on July 28, 2020, changes were published in the Mexico City Gazette regarding the employer's obligation to perform COVID-19 tests on its employees in the following terms:
MEASURES FOR THE REOPENING OF ECONOMIC ACTIVITIES
As you are aware, both the Federal Government and the Governments of the different states have issued guidelines that must be complied with in order to resume activities in the workplaces.
SPECIFIC TECHNICAL GUIDELINES FOR THE REOPENING OF ECONOMIC ACTIVITIES
On May 29, 2020, the Agreement for the Establishment of Specific Technical Guidelines for the Reopening of Economic Activities was issued, establishing that these guidelines will be mandatory for ALL workplace and are intended to establish specific measures to be implemented in them for a safe, gradual and responsible continuity or return to work activities.
EMERGENCY HEALTH AGREEMENT BY REASONS OF FORCE MAJEURE
Yesterday, the General Health Council issued an agreement declaring the SARS-CoV2 virus disease epidemic (COVID-19) a health emergency due to force majeure. The measures that were issued, in summary, consist of the following:
AGREEMENT ON PREVENTIVE MEASURES - COVID-19 SECRETARY OF HEALTH
Yesterday, March 24, 2020, the "Agreement establishing the preventive measures to be implemented for the mitigation and control of health risks posed by the SARS-CoV2 virus (COVID-19)" was published in the Federal Official Gazette.
Legal measures in the labor relations against COVID-19
Given the health situation we are in, it is important to take into account the obligations that exist for companies in terms of health and safety in their workplaces, as well as what may happen in the working relationships with their employees.
General Minimum Wage 2020
We inform you that the National Minimum Wage Commission, for its acronym in Spanish (CONASAMI), agreed to increase the general minimum wage by $14.67 in Independent Recovery Amount, for its acronym in Spanish (MIR), as well as 5% of the general minimum wage and minimum professional wages, which implies a global increase of 20%. Likewise, for the North Border Free Zone, for its acronym in Spanish (ZLFN), the general minimum wage was increased by an additional 5%. Therefore, as of January 1st, 2020, entered into force the new general minimum wage which will be $123.22 and $185.56 for the ZLFN.
NOM-035-STPS-2018. PSYCHOSOCIAL RISK FACTORS IN THE WORKPLACE, IDENTIFICATION, ANALYSIS AND PREVENTION.
On October 23, 2018, NOM 035-STPS-2018 (hereinafter NOM for its achronym in spanish) was published, which will come into force one year after its publication, that is, on October 23, 2019, regards to the obligations of employers to adopt, implement in writing and transmit preventive measures regarding psychosocial risk factors and prevention of workplace violence, as well as the promotion of a favorable organizational environment through the transmition of a policy aimed at that. While, regarding the measures of identification and analysis of psychosocial risk factors and the evaluation of the favorable organizational environment through questionnaires and interviews, practicing medical examinations and having records on the results of the evaluations, these will take effect within two years after its publication, that is, on October 23, 2020.
PROTOCOL FOR THE LEGITIMATION OF EXISTING WORK COLLECTIVE AGREEMENTS
This Protocol, issued by the Ministry of Labor and Social Welfare (hereinafter STPS, by its acronym in Spanish), entered into force on August 1, 2019 and will be in effect until the Federal Center for Conciliation and Labor Registration begins its registration and verification functions, that is within the next two years. Its purpose is to establish the rules and procedures for the legitimization of collective processed labor agreements deposited with the Conciliation and Arbitration Boards.
LABOR REFORM 2019
The present day, May 1, 2019, Labor Day, the Decree of labor reform in compliance with the constitutional reform of 2017 and the international treaties T-MEC and ILO 98 has been published. This reform is addressed to the administration of justice, eliminating the Conciliation and Arbitration Boards, so that they are now Labor Courts, dependent of the Judicial Power, who resolve labor disputes, and where a new procedure to resolve labor disputes is determined, forcing the exhaustion of an instance prior conciliation before the Centers of Conciliation and, likewise, the reform is addressed to the collective world by requiring trade unions to accredit the representativeness of workers by personal, free and secret vote of these, obtaining a certificate of representativeness issued by the Federal Center of Conciliation and Labor Registry, which will be in charge of the registration of all the unions, collective agreements and labor regulations throughout the Mexican Republic.
DOMESTIC WORKERS REFORM
On July 2 of the current year, in the Federal Official Gazette was published a degree, by virtue of which various provisions of the Federal Labor Law and the Social Security Law are reformed, added and repealed, in terms of domestic workers.
License to Absence from Work for Medical Care of the Children with Cancer
On June 4 of this year, the Decree whereby various provisions were added to the Social Insurance Law, Government Employees Social Services and Security Institute Law and the Federal Labor Law was published in the Federal Official Gazette.
Young People Building The Future Program
On January 10, 2019, the guidelines for the operation of the program Young People Building the Future, in Spanish Jóvenes Construyendo el Futuro, hereinafter the "Program", were published in the Federal Official Gazette.
Incorporation of household workers
On February 18 of the current year, the new pilot program was announced through the official website of the Mexican government to guarantee access to social security for domestic workers under the same conditions as the rest of the workers, which started on the 1st of April and which will last 18 months.
General Minimum Wage 2019
We inform you that the National Minimum Wage Commission, for its acronym in Spanish (CONASAMI), agreed to increase the general minimum wage by $ 9.43 in Independent Recovery Amount, for its acronym in Spanish (MIR), as well as 5% of the general minimum wage and minimum professional wages. Likewise, the Free Zone of the Northern Border, for its acronym in Spanish (ZLFN), was created in which the general minimum wage was increased by $ 79.94 in MIR and an additional 5%. Therefore, as of January 1st, 2019, entered into force the new general minimum wage which will be $102.68 and $176.72 for the ZLFN.
Constitutional amendment of labor justice without the adjustments to the secondary laws
According to the constitutional amendment in the area of labor justice of February 24, 2017, on February 26 the legislative amendments should be done, both federally and in each of the States of the Federation, to implement said amendments, however, to date there are none. According to the constitutional amendment, the deadline to make all the legislative amendments to make it effective was February 25, 2018, which ordered, among other issues, the creation of labor courts dependent on the judiciary.
General Minimum Wage 2018
Today the National Commission of Minimum Wages (CONASAMI, for its acronym in Spanish) agreed to increase $5.00 to the Independent Amount of Recovery and 3.9% to the Minimum Wage, so that, as of next December 1, 2017, the new minimum wage will come into force, which will be of $88.36.
TERMINATION AGREEMENTS OF EMPLOYMENT RELATIONSHIPS DO NOT REQUIRE TO BE RATIFIED BEFORE THE BOARD OF CONCILIATION AND ARBITRATION
In recent dates the Second Chamber of the Supreme Court of Justice of the Nation established jurisprudence holding that the termination agreements of the employment relationship between employer and employee do not require, for their validity, to be ratified before the respective Conciliation and Arbitration Board.
Amendment to Articles 107 and 123 of the Constitution
Last October 13, 2016, the Plenary Session of the Senate unanimously approved the opinion and amendments on the initiative to reform articles 107 and 123 of the Political Constitution of the United Mexican States.
THE BURDEN OF THE PROOF OF HAVING WORKED EXTRA HOURS
In the General Procedural Law there is a key principle that whoever affirms something must prove it, however, as it is known, the Labor Law breaks with this procedural principle imposing the burden of proof to the employer to prove practically all the conditions of their workers when there is a dispute over them.
Government Employees’ Right to Strike
It is a fact that Government employees’ right to strike is a very restricted right and has no effectiveness whatsoever.
Initiative Labor Reform 2016
In recent days the President of the Mexican Republic, Enrique Peña Nieto, presented to the Senate a Reform Initiative for both the Constitution and the Federal Labor Law with a view to the following objectives:
Salary payment per hour. Case of an impractical amendment
Given the Amendment of the Federal Labor Law (FLL) that became effective on December 1st, 2013 and as a supposedly new modality the salary payment per hour was included in article 83. However, as it is common in our legislative system, the original intention was deformed to result then in an impractical concept and without reason for being in our legal framework.
VACATIONS IN REAL LIFE: AN UNFINISHED RIGHT
Vacations are part of the employees benefits in compliance with the Mexican Federal Labor Law (LFT as per its acronym in Spanish), having its origin on a rest, an employee´s essential right. As well as a legal provision of six working days per one rest day exist, a minimum period of at least one working year with a paid leave and with an additional compensation to have the right to enjoy vacations, on the basis of the employee recovering and having a rest.
THE TRUE DISCUSSION ABOUT ACCRUED WAGES THEIR CONSTITUTIONALITY OR THEIR LEGAL NATURE?
At present, there is a discussion to determine whether the limit put upon the liability of accrued wages for up to a period of twelve months, in accordance with the provisions of the second paragraph of article 48 of the Federal Labor Law (Ley Federal del Trabajo) is or not constitutional. Two opposing judicial opinions have emerged from two different Collegiate Courts in Labor Matters which will bring the Supreme Court to determine which of the two criteria must prevail, constituting a binding court precedent by contradiction (Jurisprudencia por Contradicción de Tesis).
ARTICLE 48, SECOND PARAGRAPH OF THE FEDERAL LABOR LAW IS DECLARED CONSTITUTIONAL
On last January 20, 2016 it was resolved the contradiction of precedent by which it was stated that the amendment to Article 48, second paragraph of the Federal Labor Law and referring to the limitation of accrued wages for a period of 12 months, is constitutional.
THIRTY YEARS TRAINING LAWYERS
Nearly three years after the most recent reform of the Federal Labor Law and also thirty years after the founding of the law firm, Diez de Bonilla, Kuri y Asociados, S.C., we take this opportunity to testify that Training is the ideal legal concept for generating growth and, ultimately, wealth in any workplace.
THREE YEARS OF THE LABOR REFORM AND THIRTY YEARS OF THE LAW FIRM DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C.
This November 30, 2015 marks three years of the latest reform to the Federal Labor Law and therefore we considered important to make a reflection on the results and the direction of the same.
