On July 1, 2022, the Mexican Standard NMX-AA-179-SCFI-2018 (“Mexican Standard”), that establishes the different characteristics and specifications for the selection, installation and operation of measures and measurement systems for the use and exploitation of water as well as the information transmission procedure to the National Water Commission partially came into effect. Pursuant to the last…
What do companies as different as those in the metallurgical, maquila, electronics and automotive industries all have in common? To this day, at least four companies in those industries have been accused of labor violations under the United States-Mexico-Canada Agreement (USMCA). At the signing of the United States-Mexico-Canada Agreement new labor obligations and their respective…
The evidentiary value that labor authorities grant to resignation letters within a labor litigation has changed. Previously, it was sufficient to prove that the signature on the resignation letter corresponded to the employee. If the employee denied it, an external expert in the field determined whether it corresponded to the employee or not. A positive result…
On June 3 2022, the First Chamber of Mexico’s Supreme Court of Justice issued a criteria through which it was concluded that, even though a previous, clear and informed consultation to indigenous communities procedure is not expressly provided in the Mining Law, the authorities are forced to conduct such consultation when the rights and interests…
Last April 20th, 2022, as a measure to promote the protection and registration of trademarks, slogans and trade names for small and medium size companies as well as individual entrepreneurs, the Mexican Government (through the Mexican Institute of Industrial Property (IMPI) and the Ministry of Commerce) announced a 90% (ninety per cent) reduction to the…
On April 28, 2022, two Decrees were published in the Official Gazette of the Federation amending Section IX of Article 132, Section V of Article 204 and adding a second paragraph to Article 512 of the Federal Labor Law (FLL), which became effective as of April 29 of this year. The amendments to Articles 132 and…
The approved reform regarding labor subcontracting, as published on April 23, 2021, includes a clause that modifies the Workers’ Profit Sharing (PTU). This reform is generating much confusion and may be a source of labor and union conflicts and disagreements. Among the main points to be highlighted and clarified are the following: How the profits…
On April 20, 2022, a series of amendments to the Mining Law were published in the Official Gazette of the Federation that reserve the exploration, exploitation, and benefit of lithium to the State. This amendment primarily (I) impedes the granting of lithium concessions in favor of individuals; (II) grants the right of exploration, exploitation, and…
During the Plenary Session of the Supreme Court of Justice of the Nation held on April 7, 2022, the Court discussed and ruled over an action of unconstitutionality identified under the file number 64/2021, filed by several members of the Senate, aimed to stop the amendments published in the Federal Official Gazette on March 9,…
The Invalidity of Mining Concessions and its Implications By Pablo Méndez Alvídrez Mining On Feb. 16, 2022, during the plenary session held by the First Chamber of the Mexican Supreme Court of Justice, the Constitutional Court issued a ruling by means of which it ordered the Mining Authority to declare null and void two…