The Federal Labor Law and the Social Security Law are amended, regarding the labor rights of rural workers
On January 24, 2024, the Decree that reforms, adds and repeals various provisions of the Federal Labor Law and the Social Security Law, regarding labor rights of rural workers (the Decree), was published in the Federal Official Gazette (DOF). Among the most relevant modifications of the Decree are the following:
*All people who work in the field have the right to access social security.
*The employer may agree with the worker on a remuneration higher than the minimum professional wage, as long as it does not exceed the maximum legal working day.
*When the salary is determined per unit of work, work shall be guaranteed by paying at least the minimum professional salary.
*The working conditions shall be agreed in writing in accordance with the provisions of article 25 of the Federal Labor Law, the employer has the obligation to give the worker a copy of his individual work contract, the lack of the contract does not deprive the worker of his labor rights, and the lack of this formality shall be attributable to the employer.
*The employer shall promote the education of workers and their families. In the case of children of workers, compulsory education should be encouraged.
*In places where there are no clinics of the Mexican Social Security Institute, the employer shall provide medical services with furniture and trained personnel to the worker and his children.
The Decree came into force the day after its publication in the DOF.
As we can see, the Decree is very robust and imposes obligations on employers that are much higher than those they had. Therefore, it is very important to review it carefully to apply what is not currently being carried out in the companies, since non-compliance could bring significant fines and sanctions to the employer.
At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.