Criteria applicable to the conduct of extraordinary labor inspections during the contingency caused by the presence of the COVID-19 virus

Criteria applicable to the conduct of extraordinary labor inspections during the contingency caused by the presence of the COVID-19 virus

We inform you that on March 31 and April 1, 2020, the Ministry of Labor and Social Welfare, through the General Directorate of Federal Labor Inspection, issued the criteria applicable to the conduct of extraordinary inspections arising from the declaration of a health emergency due to force majeure, in connection with the epidemic of the disease generated by the SARS-CoV2 virus (COVID-19).

The objective of the criteria is (i) to oversee compliance with the right that workers have to preserve the integrity of their salary and (ii) to oversee compliance with the provisions issued by the Ministry of Health at workplaces and to verify that they are workplaces engaged in essential activities. In accordance with both criteria, extraordinary inspections shall be carried out at workplaces where it is known, by any means, that there are probable breaches of labor regulations or of the provisions issued by the Ministry of Health; or when there is a complaint or report that workers are not receiving their salary, that it has been reduced, or that said health provisions are not being complied with. In the inspections carried out on the basis of the First Criteria (those to verify the right to preserve salary integrity), employers shall be asked for the records evidencing that workers receive their full salary, corroborating that the deductions made from workers’ salaries are in accordance with the Federal Labor Law or by a jurisdictional order validating them. Additionally, the inspectors may request the catalog of positions to review the salaries corresponding to each one. On the other hand, in the inspections carried out on the basis of the Second Criteria (those aimed at verifying whether they concern essential activities and, where applicable, corroborating compliance with the safety measures issued by the Ministry of Health), employers shall be asked for a description of the company’s production process, in order to corroborate whether they are workplaces authorized to continue operating or not. In the case of workplaces authorized to continue operating, compliance with the remaining applicable measures, established in the Agreement issued by the Ministry of Health on March 31, 2020, shall be corroborated. In the case of workplaces not authorized to continue operating, the employer shall be requested to suspend activities, ordering the removal of all workers from the workplace. The inspections must be carried out in accordance with the General Regulations on Labor Inspection and Application of Sanctions. For additional information, contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx

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