“LEGAL ALERT — LEGAL MEASURES IN THE WORKPLACE AGAINST THE SANITARY CONTINGENCY BY COVID-19”
Regarding the health contingency derived from the COVID-19 pandemic, we inform you some measures to take in labor matters to preserve the jobs and activity of companies in these difficult conditions.
- MEASURES INSIDE COMPANIES TO PROTECT THE HEALTH OF THEIR WORKERS.
- The company can implement medical examinations for the detection of infected workers and any other necessary preventive measure to protect the health of the workers.
- Documentary form: The measures must be specifically approved and implemented by the company’s safety and hygiene commission.
2. DISABILITIES BEFORE THE MEXICAN INSTITUTE OF SOCIAL SECURITY.
- Every worker who presents the characteristic symptoms of the virus must go to the Mexican Social Security Institute (“IMSS”) whose, if applicable, will grant the corresponding disability.
3. TEMPORARY MODIFICATION OF WORKING CONDITIONS (WAGES, DAYS, WORKPLACE).
- Home Office: the workplace of employees can be modify temporarily, work can be performed from the workers home.
- Reduction of working hours and wages: the working hours of workers can be reduce temporarily and, consequently, the wages received by workers as well.
- Documentary form: a) Trusted or non-union workers: direct agreements with workers; b) Unionized workers: agreements with the union that holds the collective bargaining contract and, in its case, approval by the labor authority; c) notifications to the IMSS of the reduced workday for the adjustment of the salaries to be paid.
4. TEMPORARY AND PARTIAL SUSPENSION OF EMPLOYMENT RELATION.
-The temporary suspension of the employment relationship with a specific group of workers or with those who provide services on a production line can be applied, ceasing obligations to payment of salaries.
- Documentary form: a) Trusted or non-unionized workers: direct agreements with workers; b) Unionized workers: agreements with the union that holds the collective bargaining contract and, in its case, approval by the labor authority.
5. GENERAL SUSPENSION OF EMPLOYMENT RELATIONS.
- In the event of a declaration of general suspension of work issued by the competent health authority, employment relations with the company may be immediately suspended, in this case the employer will be obligated to pay a general minimum wage to all workers for each suspension day up to a month as maximum.
6. PREGNANT EMPLOYEES, IN MATERNAL LACTATION OR UNDER AGE.
- The above measures, in no case may affect the wages or benefits of pregnancy, lactation or minor workers.
For additional information, you can contact any of the members of our Labor Practice Team.
Emmanuel Ibarra Castillo
IMPORTANT NOTE: The information contained herein is general nature and informative. Please consider that, what is stated here does not address the circumstances of any individual or entity. We recommend you not to take any action based on this information without the professional advice from our attorneys based on your particular situation.