On November 1, 2021, the Resolution creating the Voluntary Labor Verification Program (VELAVO Program or Program, indistinctly) was published in the Federal Official Gazette by the Ministry of Labor and Social Welfare (STPS).

In accordance with the provisions of articles 123, section A of the Political Constitution of the United Mexican States (CPEUM) and 132 of the Federal Labor Law (LFT), employers are required to comply with labor regulations regarding the general conditions of work, safety and health, as well as training and education. In this sense, the STPS developed the VELAVO Program, determining that those employers who enroll in this alternative mechanism to the inspection, be exempted from ordinary inspection visits, as long as they satisfactorily meet the requirements set forth in the Program. The foregoing, without the STPS renouncing the power to monitor compliance with employers’ labor obligations.

Based on the foregoing, the VELAVO Program is created under the following characteristics: (i) the purpose of the Program is for employers to declare to the labor authority, on a voluntary basis, the level of compliance with the general working conditions, training and education, as well as safety and health; (ii) in terms of safety and health at work, as well as training and education, all work centers established in the Mexican Republic may join the Program. Likewise, regarding the matter of general working conditions, the work centers may be incorporated if they are in the cases of articles 123, section A, section XXXI, subsections a) and b) of the CPEUM and 527, sections I and II of the LFT. With regard to work centers that are not within the provisions of the previous articles, the STPS may enter into collaboration agreements with the governments of the federal entities, in order to grant the benefits of the Program for the general conditions of work; (iii) employers who are interested in participating in the Program shall provide, among other information, the general conditions of work, training and education, as well as health and safety in their work centers; and (iv) the STPS will provide access to the Program through the following website: http://pvlv.stps.gob.mx.

According to the head of the Decent Work Unit of the STPS, the development of the platform of the VELAVO Program should be completed by the end of 2022. Therefore, it is important that companies begin to analyze the conditions in which they find themselves, and their chances of participating in the Program, as this would free them from scheduled inspections. Regardless of the foregoing, the long-term consequence of the companies’ participation in the VELAVO Program is that this will contribute to the satisfaction of their personnel and will reduce disabling accidents, thereby generating labor peace, which may eventually be reflected in the productivity of their business.

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.