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
Apr
03
2019
PRACTICAL SOLUTIONS TO COMPLEX CHALLENGES
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.
Spanning 6 continents, L&E Global’s member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives. Our members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace.
Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
Mar
27
2019
Mexico: The Mexican Chamber of Deputies and advisors from employers’ organizations, union organizations and State representatives met to propose an amendment to Mexican Labor Legislation
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
Mar
27
2019
Mexican Social Security Institute will launch on March 31 a pilot program to enroll domestic workers
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
Feb
26
2019
Mexico: Supreme Court of Justice rules that HIV/AIDS testing for health employees as a requirement for recruiting is discriminatory
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
Jan
29
2019
Mexico: INEGI determines the new value of the Unit for Measure and Update for 2019
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
Jan
29
2019
Mexico: Second Chamber of the Supreme Court of Justice (SCJN) determines that it is unconstitutional that the employers are not obliged to register domestic female employees in the Mexican Institute of Social Security (IMSS)
On December 5 2018, Second Chamber of the Supreme Court of Justice (SCJN) determined that it is unconstitutional that the employers are not obliged to register domestic female employees in the Mexican Institute of Social Security (IMSS) when resolving the Amparo Proceeding D.T. 9/2018. According to the SCJN, there is no constitutionally valid reason to exclude domestic workers from the Federal Labour Law (FLL) or from the Social Security Law (SSL), which prompts an unjust discrimination against them, especially against women since the domestic work is done mainly by them (according to the National Institute for Statistics and Geography or INEGI, 9 of every 10 domestic employees are women). Traditionally, domestic work has been exposed to inadequate work conditions, such as long work journeys and low salaries, which have situated it far away from the concept of decent work, which the International Labor Organization (ILO) has defined as work that dignifies and enables the development of own capabilities
Jan
29
2019
Mexico: The Ministry of Labour and Social Welfare (STPS) Publishes the Guidelines for the Operation of the Program Youngsters Building the Future
The Ministry of Labor and Social Welfare (STPS) Publishes the Guidelines for the Operation of the Program Youngsters Building the Future (the Guidelines). According to the Guidelines, the Program Youngsters Building the Future has as purpose to provide training opportunities to youngsters between 18 and 29 years old who are neither working nor studying
Dec
13
2018
Mexico: UPDATE Regarding the USMCA, the Commercial Agreement Between the United States, Mexico and Canada
The new administration is about to introduce a bill to reform the Mexican Labour Code, reforms which will enforce the new constitutional reforms, and the implementation of ILO’s Convention 98 on freedom of association and collective bargaining, Convention that has been recently ratified by the Mexican Senate. This new legislation is also in line with the commitments that Mexico undertook in Annex 23-A of the USMCA.
Dec
13
2018
Mexico: Mexican Labour and Social Welfare Ministry published the NOM 036 regarding ergonomic risk factors at work, identification, analysis, prevention and control
The Labour and Social Welfare Ministry published NOM 036 regarding ergonomic factors at work. The NOM 036 establishes the elements to identify, analyse and prevent ergonomic risk factors, as well as to promote healthy and safe work environment.