Labor Exploitation in Case of Working Hours in Excess of Those Provided by Law

Luis Regalado

5 months ago

On June 7th, the General Law for Preventing, Sanctioning, and Eradicating Crimes in Human Trafficking Matters and for the Protection and Assistance of Victims of these Crimes (Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de Personas y para la Protección y Asistencia a las Víctimas de estos Delitos) was amended, modifying Article 21 to be read as follows:

“Article 21. Whoever economically exploits one or more persons shall be punished with a prison term of 3 to 10 years and a fine of 5,000 to 50,000 daily wages. Labor exploitation occurs when a person unjustifiably obtains direct or indirect economic or other benefits unlawfully through the labor of others, subjecting the individual to practices that undermine his/her dignity, such as:

I. Dangerous or unhealthy conditions without the necessary protections in accordance with labor legislation or existing standards for the development of an activity or industry;
II. A manifest disproportion between the amount of work performed and the payment made for it, or
III. A salary below what is legally established.
IV. Working hours in excess of those provided for by law.

It is important to remember what the Labor Law (Ley Federal del Trabajo) establishes in this regard.

a) The duration of the weekly working hours are as follows: 48 hours in a daytime shift; 45 in a mixed shift and 42 in a nighttime shift.

b) Workers and the Company may distribute working hours to allow the former to rest on Saturday afternoon or any equivalent arrangement.

c) Regarding overtime, it is established that up to 3 hours may be worked up to 3 times a week, with a payment of 100% above the regular salary.

d) Overtime in excess of nine hours per week must be covered at 200% more than the regular salary, notwithstanding the penalties established in this Law.

We, the Lawyers at EC Rubio, provide the necessary support for a meticulous review of the work schedules established in your Company, the supporting documentation that must be signed, and the receipts reflecting the correct payment for overtime work.

Labor and Social Security Practice

Javier Canseco / javier.canseco@ecrubio.com

Ana María Becerra / ana.becerra@ecrubio.com

Alma Oviedo / alma.oviedo@ecrubio.com

Eduardo Cortés / eduardo.cortes@ecrubio.com

Isaac Corral / isaac.corral@ecrubio.com

Perla Arreola / perla.arreola@ecrubio.com

Raúl Lara Maiz / raul.lara@ecrubio.com

Roberto Alvarez Malo / roberto.alvarezmalo@ecrubio.com

Rogelio Sánchez / rogelio.sanchez@ecrubio.com

Adriana Gómez / adriana.gomez@ecrubio.com

Antonio Flores / antonio.flores@ecrubio.com