Through its decision in amparo case number 633/2023 dated April 3, 2024, the Second Chamber of the Mexican Supreme Court confirmed the constitutionality of the maximum employee profit sharing limit of three months of an employee’s salary, or the average of the profit sharing received in the last three years, whichever is more favorable to
Mexico Updates Forklift Operations Rules in NOM-006-STPS-2023 “Storage and handling of materials through the use of machinery-occupational safety conditions”
On March 7, 2024, the Mexican government published updates to Official Mexican Standard NOM-006-STPS-2023 (“NOM-006”) in the Official Journal of the Federation. While the updates do not include major differences between the 2014 and 2023 versions, below is a list of the most significant changes one should take into consideration.
Mexico Adopts Amendments to the REPSE Renewal Process
On February 21, 2024 the Mexican government published a Decree in the Official Journal of the Federation, (the “Decree”) amending the general rules for registering individuals or legal entities that provide specialized services or perform specialized work as referred to in Article 15 of Mexico’s Federal Labor Law.
The amendments include the following: The renewal of
Mexico Publishes New Draft Regulations on the Transportation of Hazardous Substances and Materials
On February 20, 2023, a draft of Official Mexican Standard (“NOM”) PROY-NOM-002-1-SCT-SEMAR-ARTF/2021 (the “Draft One”) was published on the Official Journal of the Federation (“DOF”) regulating the official list of hazardous substances and materials (hazardous goods), including instructions and use of packaging/containers, intermediate bulk containers (RIG), large packaging/containers, portable tanks, multi-element gas containers and bulk
The importance of complying with mexican health and safety regulations
As a result of the COVID-19 pandemic, and as part of the 2022 Inspection Program issued by the Department of Labor and Social Welfare (“STPS” for its acronym in Spanish), which is aligned with the obligations assumed by Mexico under the USMCA, with at least 40,000 actions scheduled for this year, there has been a
IMSS announces flexible program for granting paid sick leave
On January 11, 2022, the Technical Council (the “Council”) of the Mexican Social Security Institute (“IMSS”) announced that the “COVID-19 Permit” process will be relaunched as a result of the heightened risk of infection caused by the Omicron variant.
The COVID-19 Permit provides employees with the possibility to obtain paid sick leave for up to
Work-Related accidents and illnesses in Mexico
Pursuant to the Mexican Federal Labor Law (“FLL”), work-related accidents and illnesses are those caused by an employee’s exposure to work activities. Accordingly, a work-related accident is defined as bodily injury or distress, whether immediate or not, death, disappearance caused by criminal actions, occurring suddenly at any place or time, and includes accidents that occur
New requirements for providers of registered specialized services or registered specialized work
In accordance with the recent amendment to Mexico’s Federal Labor Law in regard to outsourcing, entities or individuals who obtain a Specialized Service Provider or Specialized Work Registration (“REPSE” for its acronym in Spanish) must refrain from performing any work related to the principal business activity of the beneficiary of such services or work. They
First complaints filed under the USMCA’s rapid response labor mechanism
First Request for Rapid Response
On May 11, 2021, the first request for Rapid Response under the Labor Mechanism set forth in the United States-Mexico-Canada Agreement (“USMCA”) was filed by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”), Public Citizen, and the National Independent Union for Employees of Industries and Services (“SNITIS”
U.S. Government publishes rules for investigating mexican carriers operating in the United States
On April 8, 2021, the U.S. International Trade Commission (“ITC”) published details on its implementation of rules with respect to the investigation of Mexican carriers providing cross-border trucking services in the United States. The purpose of the investigations is to determine whether the operations of Mexican carriers will cause or threaten to cause material harm