In view of the global problem posed by COVID-19 (Coronavirus) and given that, as of today, the World Health Organization has declared COVID-19 a pandemic due to the number of cases, we consider it appropriate to inform you of the possible implications and obligations that employers would have, in the event that the Ministry of Health issues a declaration of health contingency.
Pursuant to Article 181 of the General Health Law, the Ministry of Health is obligated to immediately dictate the measures intended to prevent and combat harm to health caused by the danger of the spread of communicable diseases. As a result of this obligation, one of the measures that the Ministry of Health may take, with the approval of the President, is to issue a declaration of health contingency, which must be published in the Official Gazette of the Federation (DOF). In this regard, the Federal Labor Law contemplates this scenario in its Articles 42 Bis, 132 section XIX Bis, 168, 175, 427 section VII, 429 section IV and 432, which provide that, in the event the health authorities issue a declaration of health contingency ordering the suspension of work, the employer must temporarily suspend the employment relationships with its employees. Upon the declaration of a health contingency of this nature, the consequences and obligations would be as follows: a) Workers will not be obligated to report to work. b) Employers will pay the equivalent of one day of the general minimum wage in effect for each day of suspension for a period of up to one month; thereafter, and in the event the contingency continues, the employer will not be obligated to pay any additional amount to the workers. c) Workers are obligated to resume activities as soon as the contingency ends (that is, when the Ministry of Health so determines). d) In the event the health contingency does not order the general suspension of work, the work of women in periods of pregnancy or breastfeeding and of minors under 18 years of age will be prohibited, as vulnerable groups, without suffering any impairment to their salary, benefits and rights. e) The Ministry of Labor may order the necessary measures to prevent harm to the health of the workers. It is advisable to disseminate a communication of preventive measures at the workplaces to inform the workers in this regard and to avoid, to the extent possible, infections within them. Finally, it is important to mention that the Ministry of Health has not yet issued any extraordinary measure, such as a declaration of health contingency. We will remain attentive to this matter and will keep you informed on the particulars. For further 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
