Legal Alerts

Dear Clients and Friends, On October 23th, the Mexican Labor Ministry published the NOM-035-STPS-2018, Psychosocial risk factors at workplace-Identification, analysis and prevention. It provides for normative requirements that aim to establish specific elements to identify, analyze and prevent psychosocial risk factors, as well as the evaluation of the organizational environment and its favorable promotion in…

In the late hours of September 30, 2018, Canada and the United States concluded their bilateral negotiations, which consequently led to the finalization of the negotiations for the modernization of the North American Free Trade Agreement (“NAFTA”) of which Mexico, the U.S. and Canada are a Party to since 1994. This negotiation process lasted more…

Dear Friends and Clients, On September 5, 2018, the Mexican Institute of Social Security (IMSS) published in the Federation’s Daily Official Gazette the “Agreement ACDO.SA2.HCT.290818 / 225.P.DIR” (attached), where administrative ease regulations regarding labor subcontracting were granted. This agreement became effective yesterday, September 6, 2018. The agreement establishes that, for purposes of Article 15-A, fifth…

Dear Clients and Friends, On August 27, 2018, separately, the Governments of Mexico and of the United States of America announced that they reached an agreement after over one year negotiations on the future of NAFTA. While the Governments of both parties insist that they expect that Canada will continue to be part of the…

Last June, the Second Chamber of the Supreme Court of Justice of the Nation resolved over a contradiction of thesis labeled 107/2018, stating: OVERTIME. THE MINUTES WORKED BEYOND THE REGULAR WORKING DAY ARE CUMULATIVE AND SHALL BE PAID AS PROVIDED BY LAW UNDER HOUR UNITS, CALCULATED WEEKLY. Articles 66 and 67 of the Federal Labor…

The upcoming July 1st is considered a non-working day. The above, according with articles 74 and 75 of the Federal Labor Law, as well as with article 22 of the General Law on Electoral Institutions and Procedures, which provide the following: FEDERAL LAW OF LABOR. Article 74. (The Following) Are non-working days: ……. IX. The…

Pursuant to the latest reform to the Mexican General Law of Commercial Companies, specifically to its Articles 73 and 129, starting on December 15, 2018, all transfers of shares or equity, or any change in the capital structure of Mexican commercial corporations (S.A.) and of limited liability companies (S. de R.L.), shall be published in…

Dear clients and friends, As of May 25, 2018, the EU General Data Protection Regulation (GDPR) is effective, applicable in Europe and impacting companies and users worldwide. The scope of the new EU rules for data privacy is extended to non- EU companies processing EU residents personal data. Although Mexican companies are already required to…