The #MeToo movement has achieved legal changes in Mexico, reflected in various Federal Labor Law reforms in 2012 y 2019 which establishes prohibitions on employers to protect women from discrimination, harassment, bullying and violence.
Here below are the prohibitions and rights that have been amended:
- Use of language that may favor gender over another.
- Requiring women to provide medical certificates that they are not pregnant.
- Firing female workers for being pregnant.
- Firing female workers for changing their marital status or for having minor children in their care.
- Reducing wages or benefits during pregnancy or breastfeeding.
- Acts of violence, harassment or sexual harassment, and these conducts as grounds for termination.
- Grants as a benefit the extension of the postnatal incapacity period for up to 8 weeks in case the baby is born with a disability or requires hospitalization, upon delivery of the corresponding medical certificate.
- Grants as a benefit, maternity incapacity in case of adoption.
- Distribution of the weeks of pre and postnatal rest, so that women workers remain longer with their children.
- Reduction of the working day so that working mothers can enjoy both breastfeeding periods at the beginning or end of the working day.
- Leave of absence established in Article 140 Bis of the Social Security Law if underaged children are diagnosed with cancer.
- Employers are required to implement a protocol to prevent gender discrimination and to deal with cases of violence and sexual harassment.
Lastly, it is important to note that sanctions ranging from 250 to 5000 UMAS (units of measurement) have been established for Employers that commit any discriminatory act or behavior in the workplace or causes, tolerates, or allows acts of harassment or sexual harassment.
Therefore, it is vital that companies review compliance regarding these matters, prepare the appropriate manuals and provide the corresponding training.
Labor & Social Security Practice
Ana María Becerra / ana.becerra@ecrubio.com
Isaac Corral / isaac.corral@ecrubio.com
Javier Canseco / javier.canseco@ecrubio.com
Perla Arreola / perla.arreola@ecrubio.com
Roberto Álvarez Malo / roberto.alvarezmalo@ecrubio.com
Rogelio Sánchez / rogelio.sanchez@ecrubio.com
Antonio Flores / antonio.flores@ecrubio.com
Adriana Gómez / adriana.gomez@ecrubio.com
Alma Oviedo / alma.oviedo@ecrubio.com
Elisa Cortés / elisa.cortes@ecrubio.com
Eduardo Cortés / eduardo.cortes@ecrubio.com
Gustavo Carrillo / gustavo.carrillo@ecrubio.com
Iván Arriaga / ivan.arriaga@ecrubio.com
Jessica Fernández / jessica.fernandez@ecrubio.com
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