On April 28, 2022, the Resolutions amending section IX of article 132 and section V of article 204, as well as adding a second paragraph to article 512, all of the Federal Labor Law (LFT), were published in the Federal Official Gazette. These Resolutions enter into force on April 29, 2022.

As a consequence of the aforementioned amendment, current articles 132 and 204 establish that it is the obligation of employers to grant employees the necessary time for the processes of revocation of mandate.

It is worth commenting that in article 74, section IX of the LFT, a mandatory rest day is already granted, which is the one determined by the federal and local electoral laws in the case of ordinary elections, to carry out the electoral day. In the case of the revocation of mandate, it is simply established that the necessary time will be provided to comply with this provision, that is, it does not foresee the obligation to grant an additional official day of rest to those already established in the LFT.

On the other hand, the current article 512 establishes that in cases in which there is a high risk that implies the employee’s loss of life or his/her health is seriously compromised, considering above all the nature of the work, the regulations or norms will consider the use of technology and work tools that are innovative and that contribute to safety tasks in the workplace.

With article 512 in force, the door is opened for the regulation to consider the use of technology and innovative work tools in the workplace in the aforementioned cases. We will have to wait for the above to be regulated in the applicable regulations and standards, to analyze whether said use in the reference cases will constitute an obligation for workplaces.

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.