Reform on human trafficking: Focus on labor exploitation

Reform on human trafficking: Focus on labor exploitation

We inform you that on June 7, 2024, the Decree amending and adding various provisions of the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking and for the Protection and Assistance of Victims of such Crimes (the "Decree") was published in the Official Gazette of the Federation, a reform that entered into force as of June 8, 2024.

Since 2012, this law had already defined labor exploitation as obtaining an unjustifiable benefit, whether economic or of any other nature, unlawfully, through the work of others, subjecting the person to practices that undermine their dignity, including the following circumstances: 1. Working in dangerous or unhealthy conditions, without adequate protections in accordance with labor legislation or applicable regulations. 2. Disproportion between the work performed and the payment received in return. 3. Wages below the legally established minimum. Now, as a result of the Decree, a new circumstance for labor exploitation is included, namely working hours in excess of those stipulated by law. It is important to note that this Decree imposes penalties of 3 to 10 years' imprisonment and fines ranging from 5,000 to 50,000 UMAs (equivalent to $542,850.00 to $5,428,500.00 pesos) on those who labor-exploit one or more persons. In the case of persons belonging to indigenous and Afro-Mexican peoples and communities, the penalties provided will be 4 to 12 years' imprisonment and 7,000 to 70,000 UMAs (equivalent to $759,990.00 to $7,599,900.00 pesos). The current value of the UMA is $108.57 pesos. It should be noted that this law does not aim to criminalize labor relations in Mexico, but rather to protect against and eradicate other types of illegal practices in the country. In view of the foregoing, and considering that this law establishes significant penalties, it is crucial to take into account the various interpretations that the authorities, especially the labor authority, may issue. This is relevant, considering that, while the Federal Labor Law establishes the legal maximums, it also provides for overtime and its payment, as well as special working hours. For more information, we share here the link to the publication in the Official Gazette of the Federation. We remain at your disposal to resolve any questions in this regard and to support you in reviewing and implementing new work structures in compliance with Mexican legislation. For additional information, please contact: Rodolfo Trampe, Partner: +52 (55) 5258-1054 | rtrampe@vwys.com.mx Rafael Vallejo, Partner: +52 (55) 5258-1036 | rvallejo@vwys.com.mx Adrián Castillo, Counsel: +52 (55) 5258 1036 | adcastillo@vwys.com.mx Alejandra Arizpe, Associate: +52 (55) 5258 1014 | aarizpe@vwys.com.mx Sarah Gibert, Associate: +52 (55) 5258 1036 | sgibert@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx Ana Ruiz, Associate: +52 (55) 5258 1036 | aruiz@vwys.com.mx Ricardo Rosas, Associate: +52 (55) 5258 1054 | rrosasg@vwys.com.mx Pamela González, Associate: +52 55 5258 1039 | pagonzalez@vwys.com.mx

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