sensei
25/03/2020
AGREEMENT ON PREVENTIVE MEASURES – COVID-19 SECRETARY OF HEALTH
Yesterday, March 24, 2020, the “Agreement establishing the preventive measures to be implemented for the mitigation and control of health risks posed by the SARS-CoV2 virus (COVID-19)” was published in the Federal Official Gazette.
This Agreement provides that the steps shall be binding on both the public and private sectors, which consist of the following:
.
a) Avoiding attendance at workplaces by “vulnerable groups”, considering the following persons as such
- Over 65 years of age.
- Persons at risk of developing serious illness and/or dying from it.
- Pregnant or nursing women.
- Children under 5 years of age.
- People with disabilities.
- People with chronic non-communicable diseases (high blood pressure, lung disease, kidney failure, lupus, cancer, diabetes mellitus, obesity, liver or metabolic failure, heart disease).
- People with any condition or drug treatment that causes them to suppress their immune system.
These people should be granted “paid leave” so that they can be absent from their jobs, but without any effect on their salaries, until April 19, 2020.
b) Suspend school activities until April 17, 2020.
c) Suspend activities involving physical concentration, transit or displacement of people until 19 April 2020.
Likewise, it is established that establishments that “are necessary to face the contingency”, such as hospitals, clinics, pharmacies, laboratories, medical services, financial services, telecommunications, information media, hotels, restaurants, gas stations, markets, supermarkets, miscellaneous, transport services and gas distribution, should continue to work, as long as they are not carried out in closed spaces with agglomerations.
d) Temporarily suspend, until further notice, mass events and meetings of more than 100 people.
e) Comply with basic hygiene measures.
Based on the above Agreement, it is pertinent to note our legal opinion and the following considerations:
- With regard to the vulnerable groups mentioned, the Agreement, in an otherwise illegal manner, is imposing the obligation to grant “paid leave” without the Secretary of Health being empowered to do so by virtue of being imposing a legal obligation that could only come from the Mexican Congress through its legislative power through the Federal Labour Law.
- This Agreement cannot be considered the “Declaration of Health Contingency” provided for in articles 42 Bis and 429, section IV, of the Federal Labor Law, because it lacks foundation and motivation, for the purpose of finding ourselves obliged to suspend labor relations and pay compensation of a minimum daily wage for up to 30 days. This is because, as an act of authority, the Agreement would have to specifically mention that labor relations must be suspended in accordance with the above-mentioned articles in order to take effect; however, it does not do so.
- By virtue of the two previous considerations, we continue to be in a level of negotiation and particular agreements, where our recommendation will be to continue to agree with the workers on measures to safeguard their health and stability in employment. These measures, as we have already mentioned, could consist of the following:
- Agreeing on the suspension of employment relations, with or without economic support.
- Modify, by mutual agreement, the working conditions, such as working hours, salary or home office.
- Advance payment and enjoyment of holidays.
Finally, we would like to note that we are currently facing a situation of force majeure, where the determinations of the Authority have been insufficient for the moment to offer clear solutions to companies in the present situation, so it is in our hands to resolve it within the existing legal framework and taking into account that, in the end, no one can be forced to the impossible.
AGREEMENT ON PREVENTIVE MEASURES – COVID-19 SECRETARY OF HEALTH
sensei
25/03/2020
Yesterday, March 24, 2020, the “Agreement establishing the preventive measures to be implemented for the mitigation and control of health risks posed by the SARS-CoV2 virus (COVID-19)” was published in the Federal Official Gazette.
This Agreement provides that the steps shall be binding on both the public and private sectors, which consist of the following:
.
a) Avoiding attendance at workplaces by “vulnerable groups”, considering the following persons as such
- Over 65 years of age.
- Persons at risk of developing serious illness and/or dying from it.
- Pregnant or nursing women.
- Children under 5 years of age.
- People with disabilities.
- People with chronic non-communicable diseases (high blood pressure, lung disease, kidney failure, lupus, cancer, diabetes mellitus, obesity, liver or metabolic failure, heart disease).
- People with any condition or drug treatment that causes them to suppress their immune system.
These people should be granted “paid leave” so that they can be absent from their jobs, but without any effect on their salaries, until April 19, 2020.
b) Suspend school activities until April 17, 2020.
c) Suspend activities involving physical concentration, transit or displacement of people until 19 April 2020.
Likewise, it is established that establishments that “are necessary to face the contingency”, such as hospitals, clinics, pharmacies, laboratories, medical services, financial services, telecommunications, information media, hotels, restaurants, gas stations, markets, supermarkets, miscellaneous, transport services and gas distribution, should continue to work, as long as they are not carried out in closed spaces with agglomerations.
d) Temporarily suspend, until further notice, mass events and meetings of more than 100 people.
e) Comply with basic hygiene measures.
Based on the above Agreement, it is pertinent to note our legal opinion and the following considerations:
- With regard to the vulnerable groups mentioned, the Agreement, in an otherwise illegal manner, is imposing the obligation to grant “paid leave” without the Secretary of Health being empowered to do so by virtue of being imposing a legal obligation that could only come from the Mexican Congress through its legislative power through the Federal Labour Law.
- This Agreement cannot be considered the “Declaration of Health Contingency” provided for in articles 42 Bis and 429, section IV, of the Federal Labor Law, because it lacks foundation and motivation, for the purpose of finding ourselves obliged to suspend labor relations and pay compensation of a minimum daily wage for up to 30 days. This is because, as an act of authority, the Agreement would have to specifically mention that labor relations must be suspended in accordance with the above-mentioned articles in order to take effect; however, it does not do so.
- By virtue of the two previous considerations, we continue to be in a level of negotiation and particular agreements, where our recommendation will be to continue to agree with the workers on measures to safeguard their health and stability in employment. These measures, as we have already mentioned, could consist of the following:
- Agreeing on the suspension of employment relations, with or without economic support.
- Modify, by mutual agreement, the working conditions, such as working hours, salary or home office.
- Advance payment and enjoyment of holidays.
Finally, we would like to note that we are currently facing a situation of force majeure, where the determinations of the Authority have been insufficient for the moment to offer clear solutions to companies in the present situation, so it is in our hands to resolve it within the existing legal framework and taking into account that, in the end, no one can be forced to the impossible.
