On March 23, 2020, official notice number 414.2020.654 dated March 20, 2020, was published on the webpage www.snice.gob.mx, pursuant to which the Department of Economy announced various measures to remotely maintain foreign trade transactions operational. In summary, the following was announced by means of said official letter: The electronic program “Ventanilla Única” will continue to operate in the regular manner. For IMMEX/PROSEC transactions that require submission of supplementary information, it must be sent to the following e-mail address: dgce.tramitesc@economia.gob.mx. With respect to applications for expansion of sensitive goods and subsequent IMMEX expansions, the Department of Economy exempts the requirement for ratification of such by an authorized public accountant. E-mail addresses were provided for use in connection with any and all … read more

On March 24, 2020 the Mexican government issued a decree that requires employers to give certain groups of employees paid leave with benefits, effective as of such time and through April 19, 2020.  The following are the high-risk groups of employees listed in the decree: Employees who are over age 65. Women who are pregnant or nursing. Employees with a disability.  Unfortunately, the decree does not define disability. Employees with chronic diseases such as hypertension, pulmonary disease, kidney disease, lupus, cancer, diabetes, heart disease, liver or metabolic disease, and obesity. Employees who take medication that suppresses the immune system. The decree does not declare a sanitary emergency, and, as a result, there is significant discussion regarding the scope of the … read more

On March 20, 2020 the Ministry of Health, in conjunction with the Ministry of Labor published a COVID-19 guide for employers (the “Guide”). The Guide establishes recommended measures to prevent the spread of the virus. In addition to general information regarding COVID-19 and basic recommendations, the following are some of the most relevant measures established in the Guide: Promote distancing and arrange workstations with spacing of 5 to 6.5 feet. Screen employees before entering the workplace and send home those who show symptoms to get tested or receive medical attention. Identify employees who are more vulnerable (preexisting conditions, overweight, over 60 years old and pregnant women). Identify positions that can work from home. Use technology to reduce number of attendees … read more

Although the novel coronavirus and the COVID-19 disease it has spawned has been declared a world-wide pandemic by the World Health Organization (“WHO”), from a legal standpoint in Mexico the current pandemic does not appear to justify a breach of contract under the theory of force majeure or as an Act of God. In our view, this will be the case until Mexico’s federal government, or individual state governments, declares which specific restrictive measures or prohibitions would directly impact a contracting party’s ability to perform its contractual obligations and/or be completely beyond the control of such party. Currently in Mexico, certain states have issued various restrictions ordering the closing or limiting of activities in specific business sectors of the economy. … read more

The World Health Organization (“WHO”) has recently declared the novel coronavirus (“Covid-19”) a pandemic, which will cause governments across the globe to take drastic and, in some cases, severe actions to curb the spread of the infection.  Given such events, it is important to identify employment obligations in Mexico pursuant to applicable law and standards, as well as to create and implement a protocol to prevent the spread of the virus and handle suspicious cases in workplaces. Provisions established in the Mexican Federal Labor Law (the “MFLL”) What kind of obligations are set forth in the MFLL concerning health emergencies? Generally, if authorities declare a health emergency, employers have the obligation to follow guidelines established by health authorities to protect … read more

On January 6, 2019, Mexico’s federal congress enacted a law detailing how it will create and regulate a new Federal Mediation and Labor Registry Center (the “Federal Center”). The Federal Center is expected to begin operations during the fourth quarter of 2020. The main purpose of the Federal Center is to oversee mediation in federal labor cases involving individual workers who file claims against their employers, as well as to oversee collective bargaining issues. Additionally, the Federal Center is tasked with the following matters: Keeping registration records of unions, collective bargaining agreements and internal work rules; Assisting unions in the voting process to elect union officials; Sending voting notifications and organizing the voting process to approve union contracts; Issuing certificates … read more

I. INTRODUCTION. Chapter 23 of the USMCA is dedicated to labor, which was a key topic in USMCA negotiations given that labor issues were a major concern of the United States Congress throughout the negotiation process. In contrast to the USMCA’s dedication of a specific chapter to labor matters, the NAFTA labor provisions were incorporated in a side agreement containing eleven guiding principles on worker rights. The NAFTA requires Parties to cooperate on labor matters and submit only persistent patterns of a Party’s failure to enforce labor laws to full dispute resolution procedures.  Chapter 23 of the USMCA strengthens these labor provisions, allows for recourse on labor matters through the same dispute settlement procedures as apply to other matters, and … read more

Mexican Official Standard NOM-035-STPS-2018 (“Standard 035” or the “Standard”) entered into force on October 23, 2019 in order to establish rules to identify and prevent psychosocial risk factors in the workplace, as well as to achieve a positive work environment in all workplaces. Standard 035 defines psychosocial risk factors as those that may cause anxiety, sleep problems, severe stress or adjustment disorders resulting from an employee’s job duties, work hours or exposure to traumatic events or workplace violence. The Standard sets forth numerous obligations for employers, some of which are mandatory from the time the Standard entered into force, and others that will be mandatory beginning in October 2020. The following is summary of the most relevant obligations. Mandatory obligations … read more

Mexico’s Sixth Collegiate Court on Labor Matters of the First Circuit recently published opinion I.6o.T. J/48 (10a.) entitled, “Paystubs issued electronically without the employee’s signature. Such electronic paystubs are valid for proving the items and amounts reflected therein.” In its opinion, the Court held that paystubs issued electronically, which are not signed by the employee receiving pay or salary, are valid to prove the amounts and items stated in the electronic paystubs and concluded this was consistent with Mexican customary law and practice. To reach such decision, the Court considered that the need to avoid making cash payments has caused employers to rely on direct bank deposits to pay their employees. Based on the foregoing, unsigned electronic paystubs will be … read more

On July 2nd, 2019 Mexico’s Federal Labor Law (the “FLL”) and Social Security Law (the “SSL”) were amended to include provisions designed to protect domestic employees working in Mexico.  The most relevant aspects of the amendments are summarized below: The FLL defines domestic employees as those who provide care services, cleaning, assistance or any other activity within an employer’s residence, and such arrangement does not produce a financial benefit to the employer.  Domestic employees may reside inside or out of the employer’s home, or they may work for different employers and not reside at any of them. Individuals who perform household work on an occasional or sporadic basis or who provide cleaning services, assistance, customer service and other similar activities … read more