On March 16, 2022, the United Commissions of Labor and Social Welfare and of Legislative Studies of the Chamber of Senators, unanimously approved an amendment to the Social Security Law (LSS) that incorporates Chapter XI called “of the domestic employees”, to the second title of the LSS.

The purpose of the amendment is to establish that domestic employees are included as subjects of insurance to the mandatory regime provided for in article 12 of the LSS, under a simplified scheme that allows to encourage said insurance.

It should be noted that, with the operation of this insurance scheme, domestic employees will be entitled to the following five types of insurance that the LSS provides:

* Sickness and maternity insurance, medical, pharmaceutical and hospital care for the insured and their legal beneficiaries, and disability payments for general illness.

* Occupational risk insurance, medical, pharmaceutical and hospital care for the insured, rehabilitation, orthotics and prostheses, disabilities due to work-related accidents and work-related illnesses and, if applicable, pension.

* Disability and life insurance, pension in case of disability for the insured and for the legal beneficiaries of the insured.

* Retirement insurance, unemployment in advanced age and old age, and pension savings.

* Nursery insurance and social benefits, children’s stays for the care of minors and sports and cultural leisure activities.

The foregoing is very important for the working life of domestic employees, since, although it is true that previously there was no obligation to join the social security system, it is also true that the salary paid to these people was higher than the one that will have to be paid now under this scheme. The question is, are domestic employees interested in continuing to work with a lower salary but enrolled in the social security system? Likewise, remember that this benefit is part of the inalienable rights established in the LFT. We will have to wait for the reform to be published in the Federal Official Gazette, so that it takes effect and we can see how its application turns out in reality. 

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.