Within the legal framework of the Ministry of Labor and Social Welfare (STPS), through the Decent Work Unit of the General Directorate of Federal Labor Inspection, the following seven Strategies were created to implement the 2022 Labor Inspection Program:

Strategy 1. Modernize the regulatory framework of the Federal Labor Inspection, as well as its technological tools. Therefore, the Integrated System for the Attention of Complaints, Reports, Accidents and Losses (the System) was created.

The System is made up of three modules: (i) Complaints: this module provides follow-up and attention to complaints, establishing a registration date; (ii) Claim: this module is focused on collecting all those claims made against any public servant that is related to the inspection activity for possible acts contrary to regulations or possible acts of corruption; and (iii) Accidents and losses: in order to monitor and attend workplace accidents or losses, the System collects data such as the date of registration of the accident, the entity, municipality, the type of accident, its current status and the actions implemented by the Federal Labor Representation Offices or the General Directorate itself.

Strategy 2. Consists of: (i) Carrying out labor inspections in specific productive sectors, with a specialized approach, mainly in workplaces with high-risk activities and where labor rights are vulnerable, such as: mining (metallic and mainly mineral coal); chemical; agricultural; among others; (ii) Monitor compliance with labor obligations of an economic nature, such as: Christmas bonus, minimum wage, and participation of employees in company profits; and (iii) Continue with the verification of the procedures for legitimizing collective labor contracts in union organizations at the request of the Federal Center for Conciliation and Labor Registration.

Strategy 3. Establish standardized criteria in the actions of federal labor inspectors, which will make possible to carry out inspections efficiently by the General Directorate of Federal Labor Inspection and the Federal Labor Representation offices, as well as offer legal certainty within the legal framework.

Strategy 4. Supervise and follow up the inspection processes implemented by the Federal Labor Representation Offices and their Subordinate Units, as well as the performance of the Federal Labor Inspectors in the development of their functions, which shall be attached to the applicable regulations.

On the other hand, the STPS will establish procedures for imposing sanctions on federal labor inspectors who incur in special causes of responsibility, trying to avoid possible acts of corruption.

Strategy 5. As of the entry into force of the subcontracting reform, published in the Federal Official Gazette on April 23, 2021, the subcontracting of personnel was prohibited, allowing only and exclusively the contracting of specialized services. In this sense, and since the Registry of Providers of Specialized Services and Specialized Works is in charge of the STPS, a monitoring strategy will be carried out to ensure compliance with the new regulatory provisions on subcontracting.

Strategy 6. The Decent Work Unit through the General Directorate of Social Welfare and the offices of the Federal Labor Representation assisted by the General Directorate of Federal Labor Inspection, will promote and strengthen decent work in the workplace. With the foregoing, the benefits of alternative mechanisms to inspection and voluntary compliance will be promoted among these centers, with the use of technologies, in order to expand the coverage of the verified work center, as well as publicize other actions that strengthen the conditions of employees in situations of vulnerability in the country.

Likewise, emphasis will continue to be placed on current and newly created official Mexican standards.

Among the new Standards are: (i) PROY-NOM-036-2-STPS-2021, Ergonomic risk factors – Identification, prevention and monitoring; and (ii) PROY-NOM-037-2021, Telework – Health and safety conditions.

Among the Standards in the process of being updated are: (i) PROY-NOM-005-STPS-2017, Management of hazardous chemical substances or their mixtures in the workplace, health and safety conditions and procedures; (ii) PROY-NOM-014-1-STPS-2017, Diving safety and hygiene conditions. Occupational exposure to pressures other than absolute atmospheric pressure; (iii) PROY-NOM-003-STPS-2016, Agricultural activities – Safety and health conditions at work; (iv) PROY-NOM-017-STPS-2017, Personal protective equipment – Selection, use and handling in the workplace; (v) PROY-NOM-006-STPS-2017, Storage and handling of materials through the use of machinery – Safety conditions at work; and (vi) PROY-NOM-004-STPS-1999, Protection systems and safety devices in machinery and equipment used in work centers.

Strategy 7. Provide specialized training to public servants linked to the labor inspection process, with the aim of improving the efficiency and effectiveness of the actions of the federal labor inspection.

Finally, the goal established by the Decent Work Unit is to carry out 40,000 inspections during the 2022 financial year: 8,000 that represent 20% of the total in ordinary inspections; and 32,000 that represent 80% of the total in extraordinary inspections.

Derived from the above, it is important to analyze these seven Strategies, since they will establish the issues to be reviewed in the audits, which are mostly extraordinary, so they could take companies by surprise. Therefore, it is convenient to instruct those responsible for these issues in the companies so that they are prepared if one of these inspections ocurre.

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.