In August 2018, Luisa Maria Alcalde, who will be the Minister of Labour during AMLO’s administration, announced that she will propose a minimum daily wage of MXP $102.00 (USD $5.30 approx.) for 2019. In this way, the increase will be MXP $13.60 (around USD $0.70). This proposal has already been commented on by the private sector. She explained that there is a clear intention of recovery and in order to reach a yearly increase, other factors such as productivity and inflation will be considered.
Maximum Working Week
The principle of a 48-hour workweek, which presupposes one complete day of rest with full pay, is officially the law of the land. However, in some employment relationships, such as in government service, the banking sector, and in much of the private sector, a 40-hour workweek has been established. The arrangement of the 40 hours of work may be over five and one-half days or any other equivalent arrangement.
Overtime is limited to 3 hours per day and may not be performed on more than 3 consecutive days. However, pursuant to a binding opinion issued by the Supreme Court of Justice, overtime must be calculated and paid on a weekly basis; this means it should not exceed 9 hours a week. Furthermore, overtime must be paid at twice the hourly rate of pay. If the overtime extends beyond 9 hours per week, the overtime beyond 9 hours must be paid at triple the hourly rate. Persons under 16 years of age and pregnant or nursing mothers, if it endangers the worker or the child’s life, are not permitted to engage in overtime work.
Employer’s Obligation to Provide a Healthy and Safe Workplace
Employers have the obligation to set up enterprises in accordance with the principles of worker safety and health, and to take necessary actions to ensure that contaminants do not exceed the maximum levels allowable under the regulations and instructions issued by competent authorities. Employers are also obligated, when required by the authorities, to make physical modifications in facilities to accommodate the safety and health of workers.
Companies with over 100 workers are required to have a preventive program for safety and hygiene. Employers are also required to ensure workers’ safety and to keep them informed of risks in the workplace. This obligation also applies to the transportation of primary materials and hazardous materials, including biohazards, and safety in the agricultural sector, and establish rules concerning labour by pregnant women and minors.
Failure to adhere to the provisions of the FLL on health and safety matters will subject the employer to sanctions consisting of fines that may range from 50 to 5,000 times the Unity of Measure and Update (UMA), per violation and per employee affected, regardless of the sanctions of a different nature that may be imposed in accordance with other legal proceedings.