Notes of interest
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.