Labor Reform – Domestic Workers

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).