ATRÁS

Fernando González

+5281-8336-4020

+52664-615-8104

fgonzalez@rrqb.acsyt.com

Labor Reform – Domestic Workers

116 Comments/in /by

On July 02, 2019 a decree of reform of the Federal Labor Law (“FLL”) and the Social Security Law (“SSL”) was published in the Official Gazette of the Federation (“OGF”) in regards with Domestic Workers.

The most relevant aspects of the reform include:

1. Domestic Worker is defined as the individual who, in exchange of compensation, carries out activities of caring, cleaning, assistance or any other activity inherent to a home, which do not imply for the employing person (“Employer”) a direct economic benefit.

The following individuals shall not be considered Domestic Workers:

  • Those who carry out home related work only occasionally or sporadically; and
  • Those who render cleaning, assistance, customer service and other similar services, in hotels, hostels, restaurants, bars, hospitals, schools, boarding schools and other analogous establishments.

2. The reform establishes 3 types of Domestic Worker:

• Those who work for one Employer and live at his/her home.

These workers shall be entitled to the following additional benefits:

  • A nocturnal rest-period of at least 9 consecutive hours, and a day rest-period of 3 hours between morning and afternoon activities. The periods of time that the worker is not able to use freely shall be considered as overtime;
  • Maximum daily day-shift of 8 hours; and
    Lodging.
  • Those who work for one Employer but do not live at his/her home; and
  • Those who work for different Employers and do not live at any of their homes.

 

3. Hiring adolescent minors under 15 years of age is prohibited.

4. The following additional obligations shall apply to Employers hiring adolescent minors over 15 and under 18 years of age (“Minors”), same which shall remain subject to the supervision of the corresponding labor authorities:

  • Employers shall request a medical certificate at least twice per year;
  • Work shifts shall not exceed of 6 hours per day, and 36 hours per week;
  • Hiring Minors who have not completed Middle School education (seventh, eighth and ninth grades) is prohibited, unless the Employer ensures that they do; and
  • In the case of Minors who work for one Employer and live at his/her home, the Employer must guarantee that the room where they sleep is safe.

5. Domestic work shall be formalized by means of a written employment agreement. Both when hiring and during the course of the employment relationship, any and all types of discrimination and ill-treatment which affect the dignity of Domestic Workers shall be prohibited.

6. Requesting non-pregnancy certificates for hiring female Domestic Workers is prohibited. Also, Employers shall not be able to terminate female Domestic Workers who are pregnant, and if they do, the termination shall be deemed as discrimination.

7. Employers shall provide meals to Domestic Workers. Such meals shall be of the same quality and quantity as those consumed by the Employer.

8. Payment of salary to Domestic Workers through wire-transfer or any other legal means is allowed, as long as the worker previously agrees.

9. Domestic Workers shall be entitled to the following benefits, in terms of the FLL and the SSL:

  • Vacations;
  • Vacation bonus;
  • Christmas bonus;
  • Uninterrupted weekly paid time-off of one day and a half (preferably on Saturday and Sunday);
  • Mandatory paid days-off;
  • If the Domestic Worker works on his/her days-off, these shall be paid in terms of the FLL; and
  • Mandatory access to social security.

10. Termination of employment of Domestic Workers stemming from explicit gender violence at work and from discrimination shall be considered wrongful termination.

11. Domestic Workers shall be able to terminate the employment relationship at any time, but to do so they must provide the Employer with an 8-day prior notice.

12. Employers shall be able to terminate the employment relationship at any time, but to do so they must provide the Domestic Worker with an 8-day prior notice and pay the corresponding indemnifications.

13. Domestic Workers are included as subjects of insurance in the mandatory regime of the Mexican Social Security Institute (“IMSS” of its acronym in Spanish).

14. The provisions related to the formal incorporation of Domestic Workers to the mandatory regime of social security shall become binding once the adjustments and legal reserves necessary for operating the recognition of such right are finalized, which shall occur on March 31, 2021 at the latest.

In the meantime, Employers shall be obliged to guarantee medical attention of Domestic Workers and to cover funerary expenses in case of death thereof.

15. The Transitory Articles do not make reference to the date in which the rest of the provisions of the reform shall become binding. Thus, it shall be understood that these provisions shall become binding 3 days after the publication of the reform in the OGF, the foregoing in terms of Article 3 of the Federal Civil Code (this is, as of July 5, 2019).

116 replies
  1. Rodolfo Vlcek says:

    Great post. I was checking continuously this blog and I’m impressed! Very helpful information particularly the last part 🙂 I care for such information a lot. I was seeking this particular info for a very long time. Thank you and best of luck.|

  2. Eloy Stoutner says:

    Hi there, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam feedback? If so how do you protect against it, any plugin or anything you can recommend? I get so much lately it’s driving me mad so any help is very much appreciated.|

  4. FkyedtMax says:

    I was actually itching to get some wager some money on some sports matches that are episode fitting now. I wanted to allow in you guys identify that I did spot what I weigh to be the a-one plat in the USA.
    If you poverty to confound in on the action, scrutinize it minus: best online gambling slots

  6. wearegeneralnews.com technology says:

    With havin so much content and articles do you ever run into any issues of plagorism or copyright infringement? My blog has a lot of unique content I’ve either written myself or outsourced but it looks like a lot of it is popping it up all over the internet without my authorization. Do you know any ways to help reduce content from being ripped off? I’d genuinely appreciate it.

  7. Tera Aguinaldo says:

    It’s really a cool and helpful piece of information. I’m happy that you simply shared this useful information with us. Please keep us informed like this. Thank you for sharing.|

  8. Mertie Alvin says:

    We’re a gaggle of volunteers and starting a new scheme in our community. Your website offered us with valuable info to work on. You have done a formidable job and our whole community will be thankful to you.|

  12. Trang Rhodd says:

    Unquestionably believe that which you said. Your favorite reason appeared to be on the internet the easiest thing to be aware of. I say to you, I definitely get irked while people consider worries that they plainly don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks|

  14. Arthur Row says:

    I’d like to thank you for the efforts you’ve put in writing this website. I really hope to see the same high-grade content by you later on as well. In truth, your creative writing abilities has motivated me to get my own blog now ;)|

  16. Cathleen Leab says:

    certainly like your web site however you have to test the spelling on quite a few of your posts. A number of them are rife with spelling problems and I in finding it very bothersome to inform the truth however I’ll surely come again again.|

  19. Kermit Mabin says:

    I’m very pleased to find this website. I want to to thank you for your time just for this fantastic read!! I definitely appreciated every bit of it and I have you bookmarked to see new information in your web site.|

  23. Kathrine Winston says:

    I believe what you composed was actually very logical. However, think on this, suppose you composed a catchier post title? I am not saying your content isn’t solid., however suppose you added a title that makes people desire more? I mean BLOG_TITLE is kinda boring. You should look at Yahoo’s home page and see how they create news titles to grab viewers to open the links. You might add a video or a pic or two to get people excited about what you’ve got to say. Just my opinion, it would bring your blog a little bit more interesting.|

  25. Major Rynders says:

    Good day! Would you mind if I share your blog with my zynga group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Thank you|

  28. Loura Tressler says:

    I’ve learn several excellent stuff here. Certainly value bookmarking for revisiting. I surprise how so much effort you set to make this type of excellent informative web site.|

  29. Rudy Monagas says:

    Hi! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My blog looks weird when viewing from my iphone. I’m trying to find a theme or plugin that might be able to correct this problem. If you have any recommendations, please share. Cheers!|

  34. Elliptical assembly service says:

    Thank you for some other informative site. The place else could I am getting that type of information written in such an ideal approach? I’ve a challenge that I’m simply now operating on, and I’ve been at the glance out for such information.

  38. Nigel Concha says:

    This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your magnificent post. Also, I have shared your site in my social networks!|

  43. Moses Berlinger says:

    My partner and I stumbled over here coming from a different web address and thought I may as well check things out. I like what I see so now i’m following you. Look forward to checking out your web page repeatedly.|

  44. Val Bollie says:

    When someone writes an paragraph he/she retains the idea of a user in his/her brain that how a user can understand it. Therefore that’s why this paragraph is outstdanding. Thanks!|

  47. swing set building says:

    Wonderful work! This is the type of info that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)

  48. Augustus Lonneman says:

    I really like your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to construct my own blog and would like to know where u got this from. many thanks|

  50. Slabway Shiatsu Foot Massager Machine Reviews says:

    Hey just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Firefox. I’m not sure if this is a format issue or something to do with web browser compatibility but I thought I’d post to let you know. The design and style look great though! Hope you get the issue fixed soon. Thanks

  52. Karan Rippee says:

    It is perfect time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I desire to suggest you few interesting things or tips. Maybe you can write next articles referring to this article. I wish to read even more things about it!|

  55. Koby says:

    You really make it seem so easy with your presentation but I find this matter to be really something that I think
    I would never understand. It seems too complicated and extremely broad for me.
    I’m looking forward for your next post, I’ll try to get the hang of it!

  57. Son says:

    Thanks for another informative web site. The place else could I am getting that kind of information written in such a perfect way?
    I’ve a venture that I’m simply now working on, and I’ve been on the
    look out for such info.

  60. Nathanial Sanna says:

    Magnificent beat ! I wish to apprentice at the same time as you amend your site, how could i subscribe for a weblog website? The account helped me a appropriate deal. I had been a little bit familiar of this your broadcast offered bright transparent idea|

  61. Demetrice Macky says:

    Greetings, I do believe your site might be having internet browser compatibility problems. When I look at your site in Safari, it looks fine but when opening in I.E., it’s got some overlapping issues. I just wanted to give you a quick heads up! Apart from that, wonderful website!|

  64. Tamra Lem says:

    We’re a group of volunteers and opening a new scheme in our community. Your website provided us with valuable information to work on. You have done an impressive job and our whole community will be grateful to you.|

  65. Sonya Favolise says:

    Wow! This blog looks just like my old one! It’s on a completely different subject but it has pretty much the same layout and design. Outstanding choice of colors!|

  70. Courtney Ferrera says:

    I’ve learn several just right stuff here. Certainly worth bookmarking for revisiting. I wonder how a lot attempt you place to create this type of great informative site.|

  74. Sanjuanita says:

    Hello! Someone in my Facebook group shared this website with us so I came to take a look. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Wonderful blog and terrific style and design.

  79. Ellena Gannoe says:

    Thanks for the good writeup. It if truth be told was once a enjoyment account it. Look complex to more introduced agreeable from you! By the way, how can we communicate?|

  84. Meda Duellman says:

    Pretty section of content. I just stumbled upon your website and in accession capital to assert that I acquire actually enjoyed account your blog posts. Any way I will be subscribing to your augment and even I achievement you access consistently fast.|

  88. Jed Brydges says:

    First of all I want to say excellent blog! I had a quick question which I’d like to ask if you do not mind. I was interested to know how you center yourself and clear your thoughts prior to writing. I have had a difficult time clearing my mind in getting my thoughts out there. I do take pleasure in writing however it just seems like the first 10 to 15 minutes tend to be wasted simply just trying to figure out how to begin. Any suggestions or tips? Kudos!|

  90. Hugo Tshudy says:

    Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve truly enjoyed surfing around your blog posts. After all I’ll be subscribing to your feed and I hope you write again very soon!|

  92. rapid prototyping says:

    Thank you, I have recently been looking for information approximately this topic for a long time and yours is the greatest I’ve discovered till now. But, what concerning the bottom line? Are you certain in regards to the source?

  93. Marica Baumler says:

    Wow! This blog looks exactly like my old one! It’s on a completely different subject but it has pretty much the same page layout and design. Excellent choice of colors!|

  99. Aldo Szpak says:

    First of all I want to say wonderful blog! I had a quick question that I’d like to ask if you don’t mind. I was interested to know how you center yourself and clear your thoughts before writing. I’ve had a hard time clearing my thoughts in getting my thoughts out. I do take pleasure in writing however it just seems like the first 10 to 15 minutes are usually lost simply just trying to figure out how to begin. Any suggestions or hints? Many thanks!|

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.