Dear Clients and Friends,

As of today, no health contingency has been declared, however, it is important to be prepared.

Preventive Measures

For the time being, the work centers must operate normally and adopt the recommendations issued by the Ministry of Health to avoid risks of contagion in the work center.

According to the Federal Labor Law, companies are obliged to comply with the provisions set forth by the authority in case of health emergency, as well as to provide their workers with the elements indicated by said authority, to prevent diseases in case of a health contingency declaration, and workers are obliged to notify their employer of any infectious disease they suffer from.

Therefore, some measures that can be adopted are the following:

a) Extreme cleaning measures. Clean and disinfect surfaces and objects of common use.
b) Suspend meetings or face-to-face training.

c) With respect to workers who have been exposed to a contagious situations (travel, contact with patients, etc.) and represent a risk within the work center, the Companies can take different measures to mitigate the risk, taking into consideration their activities, such as:
– Granting vacations.
– Leave of absence with or without payment.
– Exchange of working hours for rest hours (time by time).
– Work at home.
– Changing their work temporarily to other tasks that do not represent a risk to the health of the rest of the workers.

d) Restrictions:
– As long as there is no Emergency Declaration or the worker does not have a disability issued by the IMSS, the labor relationship continues and the Company must pay the salary.
– For legal purposes, only the vouchers and incapacities issued by the IMSS are valid.

Health Contingency 

NO health contingency has been decreed at this time, but things are moving very quickly.

Mexican labor law states the following in the event of a contingency:

Articles 168 and 175, second last paragraph of the LFT, indicate that when the competent authorities issue a declaration of health contingency, the work of the following is not available for use:

-women in gestation or lactation periods, and
-workers under the age of 18.

It is important to note that workers in this situation will not suffer any harm to their wages, benefits and rights.

On the contrary, if on the occasion of the declaration of health contingency the general suspension of work is ordered, it will result in the suspension of the work relationship, so that all workers will be exempt from reporting to work while the Company will be exempt from paying the salary without requiring approval or authorization from the labor authorities and will be obliged to pay its workers an indemnity equivalent to one day of the general minimum wage of the area to which it belongs, for each day that the suspension lasts, without it being able to exceed one month.

The workers shall be obliged to resume their work as soon as the contingency is over.

If the governmental contingency decree establishes terms different from those mentioned in the Federal Labor Law, these must be complied with.

Labor & Social Security 
Ana María Becerra
Javier Canseco
Perla Arreola
Rogelio Sánchez
Isaac Corral
Roberto Álvarez-Malo
CategoryLegal Alerts

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