Because of the electoral day that will take place next Sunday, April 10, 2022 due to the mandate revocation, on March 15, 2022, it was approved unanimously by the United Commissions of Labor and Social Welfare and of Legislative Studies of the Chamber of Senators, the resolution that amends sections IX of article 132 and V of article 204 of the Federal Labor Law (LFT) in terms of mandate revocation.

The aforementioned provisions establish that it is the employer’s obligation to grant the employees the necessary time to exercise their vote in popular elections, the revocation of mandate processes and to comply with jury, electoral and census services, to which refers to article 5 of the Constitution, when these activities must be carried out within their working hours. Likewise, it is established that the employers have the special obligation to grant the employees the necessary time to exercise the vote in the popular elections and the mandate revocation processes, as long as the safety of the ship allows it and their departure is not hindered on the date and time set.

This resolution takes into consideration that the process is carried out on a Sunday, since it is a day in which business operations drop. The foregoing, so that there is no considerable impact on the productivity of companies.

Regardless of the foregoing, the LFT establishes, in a clear and mandatory manner for employers, the obligation to grant permission to employees on the days in which the mandate revocation process is carried out, so that they can participate in democratic life, without any effect on their salaries, benefits or rights.

On the other hand, it is worth mentioning that Article 35 of the Constitution already established, as a citizen’s right, to participate in the mandate revocation processes. Therefore, the resolution regulates in labor matters what corresponds to the exercise of such right by employees.

Finally, it is important to comment that the resolution has already been turned over to the Federal Executive Branch for its publication in the Federal Official Gazette. Therefore, the resolution will enter into force the day after said publication.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.