ILO’s Convention 190: Combating Violence and Harassment in the Workplace

Convention 190 of the International Labour Organization (ILO) is the first international treaty specifically addressing violence and harassment. It was adopted in 2019 and entered into effect in 2021. The Convention defines violence and harassment as “a range of unacceptable behaviors and practices, or make threats of such behaviors and practices, whether such are performed […]

Mexico publishes new rules for teleworking and health & safety in the workplace

On January 21, 2021, Chapter XII Bis was added to Mexico’s Federal Labor Law (“LFT” for its acronym in Spanish) regarding the performance of work activities from a remote location to the workplace, now called teleworking (Teletrabajo in Spanish). Although it is true that this type of work offers considerable benefits, it also generates new […]

The importance of complying with mexican health and safety regulations

As a result of the COVID-19 pandemic, and as part of the 2022 Inspection Program issued by the Department of Labor and Social Welfare (“STPS” for its acronym in Spanish), which is aligned with the obligations assumed by Mexico under the USMCA, with at least 40,000 actions scheduled for this year, there has been a […]

Claim filed for labor rights violations under the USMCA

On April 18, 2022, the United States filed a request for review of alleged denials of free association and collective bargaining rights in a manufacturing plant operated by Panasonic Automotive Systems de México located in Reynosa, Tamaulipas (“Panasonic Automotive”). Such would be the third review filed under the USMCA’s (“USMCA”) Facility-Specific Rapid Response Labor Mechanism, […]

Recent Jurisprudence – Assessing the Weight of Evidence in Employee Resignations

Recently, the Fifth Collegiate Labor Court of the First Circuit published judicial precedent number I.5o.T. J/1 L (11a.), titled “Resignation. Standards for weighing evidence that courts must consider if an employee argues that a resignation was forced, and he received instructions to execute it, and the employer states the termination was voluntary.” In this decision, […]

IMSS announces flexible program for granting paid sick leave

On January 11, 2022, the Technical Council (the “Council”) of the Mexican Social Security Institute (“IMSS”) announced that the “COVID-19 Permit” process will be relaunched as a result of the heightened risk of infection caused by the Omicron variant. The COVID-19 Permit provides employees with the possibility to obtain paid sick leave for up to […]

Mexico to require visas for Venezuela nationals seeking entry

On January 7, 2022, the Decree establishing a visa requirement for Venezuelan nationals with regular passports  entering Mexico without work authorization (the “Decree”) was published in the Official Journal of the Federation. The Decree will enter into force on January 22, 2022. Beginning on such date, Venezuelan nationals who seek entry to Mexico as visitors, […]

Registering construction projects with Mexico’s Social Security Institute

Mexico’s Social Security Institute (“IMSS”) provides Mandatory Social Security Rules for Independent Contractors which do Construction Work and Fixed-Term Projects (“ROTIC” for its acronym in Spanish).  The ROTIC sets forth the obligation and process to register construction works with the IMSS. Accordingly, while the primary mission and purpose of the IMSS is to provide medical […]

Work-Related accidents and illnesses in Mexico

Pursuant to the Mexican Federal Labor Law (“FLL”), work-related accidents and illnesses are those caused by an employee’s exposure to work activities. Accordingly, a work-related accident is defined as bodily injury or distress, whether immediate or not, death, disappearance caused by criminal actions, occurring suddenly at any place or time, and includes accidents that occur […]

Non-Citizens and various types of U.S. residence

Non-U.S. citizens may be surprised to find out that they can unwittingly become U.S. residents for tax purposes, without the benefits of becoming a U.S. resident for immigration purposes. Such non-U.S. citizens are often surprised to learn that at least three different types of “residence” exist under U.S. law: i) for immigration purposes, ii) for […]

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