Pay attention if you have a business here
The LFT (Ley Federal del Trabajo) was first enacted in 1931 and has been amended over time to adapt to changing labor market conditions and societal needs. It covers both the private and public sectors, outlining minimum standards for wages, working hours, rest periods, vacations, and other key aspects of employment. It is precisely in this area where changes are intended that have not yet been properly enforced.
In hotels, restaurants, bars, sports and entertainment establishments, service stations, and other similar venues, there is a push to guarantee a professional minimum wage for workers and prohibit the substitution of tips or gratuities for remuneration. In addition to wage protection, a ruling stipulates that the distribution of tips should be the responsibility of workers and must be conducted equitably, prohibiting employers from participating in this process under any circumstances. It also incorporates a new paid leave for workers, consisting of two days per year for preventive medical examinations and studies. These leaves are not only for employee examinations and tests; they can also be used to accompany children or persons under their legal guardianship for school purposes. In both cases, the changes to labor laws require documented proof of the completion of the examinations.
It is also important to establish that the Ministry of Labor and Social Welfare (STPS), through the National Employment Service (SNE), will design, conduct, and evaluate specific programs to generate employment opportunities for young people and vulnerable groups, with a focus on measures that support first-time employment and the inclusion of young people in the labor market. The Senate Labor Committee approved a ruling reforming the LFT and LFTSE, which recognizes the right to bereavement leave. Until now, this benefit was not mandatory in Mexico but is recognized in other Latin American countries. The proposed bereavement leave is equivalent to five paid days for the death of a first-degree relative. According to the Committee’s approval, the five paid days of bereavement leave will be those immediately following the death of the relative and will apply to the death of a mother, father, daughter, son, sister, brother, spouse, or common-law partner. The person must inform the workplace of the death and will have 15 days to provide a death certificate.
Another reform establishes the obligation of the STPS (State Workers’ Commissions) and federal entities to conduct inspections focused on non-compliance with the principle of equal pay. This proposal aligns with the latest amendment to labor legislation promoted by President Claudia Sheinbaum, through which the State has taken on greater responsibility for eradicating the gender pay gap. “Inspections by the labor authority are necessary to ensure compliance with equal pay, detect, correct, and prevent discrimination, promote salary transparency, and empower women in the workplace,” the approved ruling argues. While the LFT already includes a chapter for actors and musicians, the ruling approved by the Senate Labor Committee extends protection to all artistic workers and allows wages to be set by work, not just by time, seasons, or performances. “Despite their invaluable contribution, these professionals often face precarious working conditions, characterized by a lack of stability, insufficient social security, and informal contracts,” the bill acknowledges.
Regarding the Silla Law, the right to rest during the workday will be enforceable starting June 17 of this year. This law recognizes the right of individuals to take a rest in a seat with a backrest during working hours and prohibits employers from requiring workers to remain standing for the entire workday. The provisions primarily target workplaces in the service, commerce, and similar sectors.
The other labor reform implemented this year pertains to platform work, a modification to the Labor Law (LFT) that incorporates a new chapter with specific rules for this labor model. On one hand, the reform guarantees full access to social security and payment of benefits when an app worker (also called gig workers) generates net income equal to or greater than the general minimum wage; if this threshold is not met, the individual is classified as an independent worker but remains protected in the event of work-related accidents. On June 27, according to federal authorities, a pilot program for affiliating app workers with the Mexican Social Security Institute (IMSS) will begin. This pilot program will conclude in December of this year and will allow for proposals to adjust social security legislation to create a system tailored to the realities of the sector.