On 19 June 2019, the Mexican Senate approved a draft order to amend the Federal Labour Law regarding “Home Office”. The International Labour Organisation defines home office as “the work form effectuated in a different place, not in the office and implies the use of new technologies which facilitates the communication.” In 2013, the amendment in telecommunications had, as a primary objective, a principle aim to benefit all Mexicans, so that each had access to the information and communication technologies (ICT)
On 4 June 2019, it was published in the Federal Gazette the “Decree to add several provisions to the Social Security Law, the Social Security and Services Institute for State Employees and the Federal Labour Law” (the “Decree”). The Decree establishes the possibility that the Mexican Social Security Institute (“IMSS” by its acronym in Spanish) grants a license for medical care of children up to 16 years of age who have been diagnosed by the Institute with cancer of any kind. The license is granted when the child requires medical breaks during critical periods of treatment or hospitaliaation during medical treatment, including treatment for pain relief and palliative care
On May 1, 2019, the Chamber of Deputies approved the Amendment Bill to reform the Federal Labour Law. The Bill that reformed the Federal Labour Law is aimed to fulfill three main commitments: 1) The inclusion of the obligations set forth in ILO’s Convention 98 to guarantee the freedom of association and for collective bargaining. 2) Creation of new Labour Courts that will replace the current Conciliation and Arbitration Boards, modifying the procedural rules. 3) The modification of other legal provisions that are important for the new government’s agenda
The Amendment to the Federal Labour Law (FLL) would change the proceedings of the current FLL
According to the recent case law provided by the Mexican Supreme Court, the resignation of a pregnant woman, who suddenly resigns must be recorded in an indubitable manner, and for that waiver to be probative, it must contain the reasons and particular circumstances of that decision, in order to establish that it was the univocal and free decision of the employee
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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In response to the obligations assumed by Mexico in relation to the signing and ratification of different international agreements, the Mexican Government is currently working on a Bill to amend the Federal Labor Law that will be submitted to the Federal Congress for its discussion and approval. It is important to point out that, as part of Chapter 23 of the USMCA regarding the labor obligations to be fulfilled by the States Parties, it was included in a specific Annex A for Mexico, in terms of which the Mexican government assumed various obligations, one of them to amend the current labor legislation
German Martinez, CEO of the Mexican Social Security Institute (“IMSS” for its acronym in Spanish) announced the launch of a pilot program to enroll domestic workers. The IMSS issued an opinion representing that Convention 198 of the International Labor Organization is necessary to have a fair labor environment for all kinds of workers
HIV/AIDS tests practiced by health institutions to medical doctors, must fulfill the following: 1. They should never be practiced before recruitment; 2. They should not give grounds to dismiss the employee;3. They can only be practiced in specialties, medical areas or activities in which, in effect, there is a reasonable and objective risk of infection to staff or patients, according to the nature of the respective medical work and in general, not individualised; 4. The results of the HIV/AIDS tests should not be published and may only be disclosed to people or workers who, strictly speaking, are responsible of implementing the necessary measures for the protection of the health of medical staff and patients
On January 10, 2019 the National Institute of Statistics and Geography (INEGI by its acronym in Spanish) published in the Official Gazette the new value of the Unit for Measure and Update (UMA) that will rule starting February 1, 2019, which will be $84.49 MxCy daily, $2,568.90 MxCy monthly, and $30,822.00 MxCy annually