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sensei

05/07/2019



DOMESTIC WORKERS REFORM

On July 2 of the current year, in the Federal Official Gazette was published a degree, by virtue of which various provisions of the Federal Labor Law and the Social Security Law are reformed, added and repealed, in terms of domestic workers.

In the first place, it must be understood by the person who works in the home, any person who in a remunerated way carries out activities of care, cleaning, assistance or any other activity inherent in the home in the framework of an employment relationship that does not matter for the employer a direct economic benefit, whether live or not in their place of work and/or provide their services in favor of one or several employers. In the opposite direction, shall not be considered a domestic worker, that person who does housework only occasionally or sporadically, and those who provide cleaning, assistance, customer service and other similar services, in hotels, nursing homes, restaurants, inns, bars, hospitals, sanatoriums, schools, boarding schools and other similar establishments.,

On the other hand, with the amendment it is forbidden to hire people under fifteen years and may avoid to hire those who have not finished high school, unless the employer is responsible for the end of it. Similarly, in the case of a person over fifteen years of age, the employer must request for a medical certificate issued by a public institution at least two times per year, and it is not allowed to request a certificate of non-pregnancy.

Under the same line of thought, the reform is punctual in certain aspects, as regards the working day, it is necessary to distinguish if the person resides or not in the domicile where he carries out his activities, in case of residing, the person shall be entitled to rest daily in the night a minimum of nine hours in a row, and during the day a minimum daily break of three hours, without which the working day may exceed eight hours a day; In case of not residing, the working day will be six hours. In both cases, the domestic workers will be entitled to a day and a half of rest per week, being able to agree that the half day is accumulated and becomes effective in a period no longer than two weeks.

Regardless of whether or not the worker resides in the domicile where he provides his services, the employer is obliged to guarantee the food, which must be of the same quality as what the employer consumes. Likewise, workers will be entitled to a salary, which will be determined by the National Commission of Minimum Wages, which will be paid as best suits the parties.

Finally, any of the parties may terminate the employment relationship with prior notice not less than eight days. However, it will be considered unjustified dismissal those causes contemplated in the Federal Labor Law, as well as those that are given for reasons of gender violence at work explicitly and discrimination.

Regarding the entry into force of the reform, it will begin once 18 months after the start of the Pilot Program has passed, the Mexican Social Security Institute has shared a preliminary report with the Legislative. Subsequently a period that will not be longer than 6 months will be given for the necessary adjustments and legal reserves to be made to fully operationalize the recognition of the right referred to in referred decree, for which an entry into force will be approximately in April 2021.


DOMESTIC WORKERS REFORM

sensei

05/07/2019



On July 2 of the current year, in the Federal Official Gazette was published a degree, by virtue of which various provisions of the Federal Labor Law and the Social Security Law are reformed, added and repealed, in terms of domestic workers.

In the first place, it must be understood by the person who works in the home, any person who in a remunerated way carries out activities of care, cleaning, assistance or any other activity inherent in the home in the framework of an employment relationship that does not matter for the employer a direct economic benefit, whether live or not in their place of work and/or provide their services in favor of one or several employers. In the opposite direction, shall not be considered a domestic worker, that person who does housework only occasionally or sporadically, and those who provide cleaning, assistance, customer service and other similar services, in hotels, nursing homes, restaurants, inns, bars, hospitals, sanatoriums, schools, boarding schools and other similar establishments.,

On the other hand, with the amendment it is forbidden to hire people under fifteen years and may avoid to hire those who have not finished high school, unless the employer is responsible for the end of it. Similarly, in the case of a person over fifteen years of age, the employer must request for a medical certificate issued by a public institution at least two times per year, and it is not allowed to request a certificate of non-pregnancy.

Under the same line of thought, the reform is punctual in certain aspects, as regards the working day, it is necessary to distinguish if the person resides or not in the domicile where he carries out his activities, in case of residing, the person shall be entitled to rest daily in the night a minimum of nine hours in a row, and during the day a minimum daily break of three hours, without which the working day may exceed eight hours a day; In case of not residing, the working day will be six hours. In both cases, the domestic workers will be entitled to a day and a half of rest per week, being able to agree that the half day is accumulated and becomes effective in a period no longer than two weeks.

Regardless of whether or not the worker resides in the domicile where he provides his services, the employer is obliged to guarantee the food, which must be of the same quality as what the employer consumes. Likewise, workers will be entitled to a salary, which will be determined by the National Commission of Minimum Wages, which will be paid as best suits the parties.

Finally, any of the parties may terminate the employment relationship with prior notice not less than eight days. However, it will be considered unjustified dismissal those causes contemplated in the Federal Labor Law, as well as those that are given for reasons of gender violence at work explicitly and discrimination.

Regarding the entry into force of the reform, it will begin once 18 months after the start of the Pilot Program has passed, the Mexican Social Security Institute has shared a preliminary report with the Legislative. Subsequently a period that will not be longer than 6 months will be given for the necessary adjustments and legal reserves to be made to fully operationalize the recognition of the right referred to in referred decree, for which an entry into force will be approximately in April 2021.