Employer obligations towards their vulnerable employees


To Our Clients and Friends:

As you are aware, the guidelines issued by the federal government establish that vulnerable people are those that due to certain conditions or health characteristics are more prone to develop a complication or to die if they were to get infected by COVID-19 (such as pregnant or breastfeeding women, obese individuals, adults over 60 years of age, people with diabetes or hypertension, HIV, cancer, with disabilities, transplants, hepatic and pulmonary diseases, and neurological or neurodevelopment disorders), therefore, said guidelines establish the following obligations to be implemented at the workplace:

  1. The workplace located in a high and medium risk region (orange and yellow), must implement measures to reduce risk of people in vulnerable situations. 
  2. Likewise, it is recommended to suspend or give flexible work attendance to the employees who live with or are in charge of minors, elderly people or vulnerable persons.
  3. During periods of maximum alert (red traffic light), it is prohibited that persons in vulnerable situations assist to workplaces.
  4. During low risk periods (green traffic light), special attention should be paid to vulnerable personnel.
  5. Local authorities of any State within the Mexican Republic may issue additional guidelines and requirements, which in case that said guidelines are more severe, such guidelines must be applied in the workplaces.
  6. It is recommended that employers provide flexibility at the workplace to vulnerable individuals to attend medical appointments with their family doctor, company´s doctor or with the Mexican Institute of Social Security (¨IMSS¨), in order to assess their health status.

Fines and penalties for breach of employers´ obligations towards vulnerable people:

  1. In the event of an inspection made by the labor authorities, fines may be generated starting from $4,344.00 pesos up to $434,400.00 pesos.
  2. The labor authorities may also establish precautionary measures that may consist on the partial or total suspension of the activities of the workplace, the restriction of access of employees to a particular section or to the entire establishment. 
  3. In the event that it is verified that an employee was infected in the workplace, the IMSS could classify it as a work related illness, which would result in the affectation of the risk premium.
  4. Regarding an audit performed by the health authorities, the fines could be from $522,000.00 pesos, in case that said authorities detect a breach to the corresponding obligations, as well as a partial or total suspension of the activities of the establishment.
  5. In addition to the above, non-compliance with the guidelines may result in civil and/or criminal liabilities.

We will be pending to receive any comments or questions related to the above.

Best regards,

Manolo Pasero


Our Experience is Your Success

BOOK A CONSULTATION

CONTACT US

VISIT US AT OUR OFFICE.

Pasero Abogados provide an effective solution to your needs.

Tijuana B.C., Mexico

Blvd. Agua Caliente 4558-403

pasero@paseroabogados.com

(+52) 664 686 5557

You might also be interested in:
Amenments in Outsourcing Matters

Avoid Real Estate fraud in Mexico

Defense against the National Register of Mobile Telephone Users

CONTACT

Contact us for a Consultation

Get in touch with us and together we will find an effective solution to your needs.

ADDRESS

Blvd. Agua Caliente No. 4558-403
Col. Aviacion C.P. 22420

Tijuana, B.C. Mexico.

PO Box 767 Bonita

OfFICEs

Monterrey, N.L.

Mexico City

Queretaro, QRO.

San Jose del Cabo, BCS.

CONTACT

E.E. U.U. Tel.(619) 498 9282

MEX Tel. +52 664 686 5557

MEX FAX +52 664 686 5558