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
Recent Decision from the Mexican Supreme Court of Justice Regarding the Constitutionality of Prohibiting a Judicial Review of the Merits of an Arbitration Award
On December 9th, 2022, two binding case law decisions were published by the First Chamber of the Mexican Supreme Court of Justice, under numbers 1a. XXXII/2022 (10a.) and 1a. XXX/2022 (10a.), confirming the constitutionality of articles 1457, section I, paragraph b), and 1434 of the Commercial Code, as they refer to the violation
ILO’s Convention 190: Combating Violence and Harassment in the Workplace
Convention 190 of the International Labour Organization (ILO) is the first international treaty specifically addressing violence and harassment. It was adopted in 2019 and entered into effect in 2021. The Convention defines violence and harassment as “a range of unacceptable behaviors and practices, or make threats of such behaviors and practices, whether such are performed
Mexico publishes new rules for teleworking and health & safety in the workplace
On January 21, 2021, Chapter XII Bis was added to Mexico’s Federal Labor Law (“LFT” for its acronym in Spanish) regarding the performance of work activities from a remote location to the workplace, now called teleworking (Teletrabajo in Spanish).
Although it is true that this type of work offers considerable benefits, it also generates new
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
Claim filed for labor rights violations under the USMCA
On April 18, 2022, the United States filed a request for review of alleged denials of free association and collective bargaining rights in a manufacturing plant operated by Panasonic Automotive Systems de México located in Reynosa, Tamaulipas (“Panasonic Automotive”). Such would be the third review filed under the USMCA’s (“USMCA”) Facility-Specific Rapid Response Labor Mechanism
Recent Jurisprudence – Assessing the Weight of Evidence in Employee Resignations
Recently, the Fifth Collegiate Labor Court of the First Circuit published judicial precedent number I.5o.T. J/1 L (11a.), titled “Resignation. Standards for weighing evidence that courts must consider if an employee argues that a resignation was forced, and he received instructions to execute it, and the employer states the termination was voluntary.”
In this decision
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