Relevant Labor Matters (Labor Compliance)

In light of the foregoing, our communication is intended to remind you of the elements that are currently relevant to verify and bear in mind in order to avoid inconveniences in future labor inspections or to avoid labor-related noncompliance: 1. Home Office Policies: The most important aspect of pandemic control has fallen on the instruction to remain at home and/or to encourage remote work in order to prevent infections and safeguard the health of employees. Notwithstanding the temporary needs, many companies will implement this modality of work on a permanent basis, and for that reason it is important that workplaces have the necessary guidelines or standards that protect both employer and employees. The implementation of clear policies that define the rules of this increasingly common form of work, and compliance with the possible reforms being discussed on this subject, are of the utmost importance. 2. Addenda modifying schedules and working conditions: It is likely that the new normal will pose challenges once on-site work at businesses resumes, so in some cases it may be necessary to modify schedules, and it is important to consider that, since this is a working condition, it must be modified carefully so as not to contravene legal provisions and cause harm to the company. 3. Updating of health and safety measures: Adapting the guidelines of the Joint Health and Safety Commission in accordance with the federal and local guidelines issued by the authorities to protect the health of workers and to prevent or reduce the risk of infection by the SARS-CoV-2 virus (COVID-19) is essential. 4. Implementation of NOM-035: Since October 2019, NOM-035 has been mandatory for all workplaces, so it is of the utmost importance that companies implement a policy regarding the psychosocial risks present among employees, as well as the other identification, analysis, and prevention mechanisms provided for by this Official Mexican Standard. 5. Protocol established in Section XXXI of Article 132 of the Federal Labor Law: Since the Amendment to the Federal Labor Law of May 1, 2019, employers have the obligation to have a protocol to prevent gender-based discrimination and to address cases of violence and sexual harassment, as well as to eradicate child and forced labor. On the other hand, the Free Trade Agreement with the United States of America and Canada entered into force this past July 1, 2020, and pursuant thereto some companies may be subject to review at the instruction of the signatory countries, in order to verify compliance with labor standards and to determine whether there is a denial of workers' rights. In light of the foregoing, it is important to verify whether your workplace falls within this scenario, in order to avoid both labor and commercial sanctions, since, although the deadlines for compliance with certain matters contained in the Amendment to the Federal Labor Law of May 1, 2019 may appear distant, under the USMCA they could already be enforceable. We know that these are complicated times, but we must not forget the importance of complying with the obligations that correspond to us as employers, in addition to designing strategies and policies for the return to workplaces. It is important to us to accompany our clients in the process of adapting to the new normal and to ensure due compliance with new obligations and adjustments that each workplace requires in accordance with its own operational needs. For additional information, contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1054 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx