Notes of interest
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.
On April 23, 2021, a Decree was published in the Federal Official Gazette amending several legal provisions regarding the outsourcing.
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:
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.