Chihuahua, Chih., April 9, 2021.

Dear clients and friends,

The Federal Ministry of Labor and Social Security (Secretaría del Trabajo y Previsión Social Federal “STPS”), by means of the General Department of Federal Labor Inspection, published the strategies and guidelines to be followed by the inspectors of such agency during the 2021 fiscal year.

With the sole purpose of improving working conditions, the aforementioned guidelines are aimed at monitoring the full compliance of labor regulations through the participation of employees and employers.

The guidelines foreseen in the current year’s Inspection Program must foresee the following:

• Prioritize the execution of labor inspections in certain productive sectors of the country, such as mining and agriculture.
• Continuous surveillance in work centers where child labor is deemed to exist, or where there is a history of safety and hygiene issues, and in those sectors where improper outsourcing practices have been reported.
• Monitoring the compliance of economic labor obligations: (a) Christmas bonus, (b) minimum wage, (c) Employee Profit Sharing, (d) hiring and social security.
• Verify the legitimacy of the collective labor agreements, which shall comply with regulations regarding effective representation, democracy, union and contractual freedom.

Furthermore, the General Department of Federal Labor Inspection and the Labor Representation Offices will promote and strengthen decent work in the workplaces, promoting alternate inspection mechanisms and the voluntary implementation of the regulations, which shall generate an incentive for voluntary compliance with the law, without the need for the inspectors to visit the offices or establishments.

Lastly, it should be noted that the sanitary emergency caused by COVID-19 has led to the creation and implementation of safety and hygiene standards and protocols, whose compliance shall continue and will be monitored by labor inspectors.

We remain at your service for any inquires or comments regarding the above-mentioned information, it is suggested to fully comply with the employer’s obligations in order to ensure a correct decision making in the administration of your business, therefore, we recommend being vigilant to the new provisions to be issued to the particular topic.

Published by:

Mr. Daniel Alfonso Jiménez Lara / Partner of the Labor Practice Group