Goodbye to overtime? New Labor Reform
Goodbye to overtime?
NEW LABOUR REFORM
On 7 June 2024, a reform to the General Law for the Prevention, Punishment and Eradication of Crimes related to Trafficking in Persons and for the Protection and Assistance to Victims of Trafficking in Persons came into force.
This reform now considers excessive working hours as a form of exploitation.
What is considered labour exploitation?
When a person makes a profit, in an unlawful manner, through the work of others, subjecting people to undignified practices such as:
– Dangerous or unhealthy working conditions:
Working in an unsafe environment or working in an environment with health risks
without the necessary protections as required by law.
–Unfair pay:
When there is a large difference between the amount of work performed and the pay received.
Unfair pay: When there is a large difference between the amount of work done and the pay received.
–Low pay:
If the worker receives a wage below the legal minimum wage.
established.
–Excessive working hours:
If a worker is subjected to working more hours than the hours allowed by law.
If a worker is subjected to working more hours than the law allows.
In case of non-compliance with the law, the authorities are considering the following penalties:
3 to 10 years imprisonment and fines ranging from $1,244,650.00 MXN to $12,446,500.00 MXN.
Aggravating circumstances
In the case of persons belonging to indigenous and Afro-Mexican peoples and communities, the penalties foreseen will be from 4 to 12 years in prison, and from $1,742,510.00 MXN to $17,425,100.00 MXN.
How to comply and protect yourself as a company?To avoid penalties, it is crucial to demonstrate compliance with labor regulations. Here are some steps you can follow:
– Internal Labor Regulations
Have a manual that regulates labor practices within the company.
– Adequate infrastructure:
Ensure that the work environment complies with legal standards.
– Work plans
Create plans that optimize working hours and avoid excess hours.
– Updating documents
Keep labor documents up to date to be in line with current laws.
– Special agreements
Establish agreements for employees who work flexible or variable schedules.
Overtime
Overtime is protected by the labor laws in our country,
in case of incurring in any of these, the employer must cover them in terms of the law.
IMPORTANT
The employer may request up to 3 hours of overtime per day, not to exceed 9 hours per week and not to be consecutive. These are paid at double the rate. If the legal limit is exceeded, they will be paid triple.
In addition, the applicable legal provisions must be considered.
WE ARE READY TO ASSIST YOU IN COMPLYING WITH THIS NEW REFORM.
CONTACT US TODAY!
