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Labor implications by COVID-19

As a result of the worldwide Coronavirus outbreak (“COVID-19“), and the pandemic declared by the World Health Organization (WHO), the governments of several countries have taken strict measures to prevent the spread; however, it is not only governments but also workplaces, that must take action to prevent the spread of the virus.

In Mexico, the Federal Executive Power may declare the health contingency through decree published in the Federal Official Gazette and establish, for the time deemed necessary, the restricted location or locations, as well as the measures that aim to prevent and combat health damage from COVID-19.

Therefore, in the event that the health contingency is declared, according to the applicable labor legislation, workplaces must abide the following:

In the event the contingency does not order labor suspension:

  • Women during gestation and breastfeeding periods, as well as underage, must not go to the workplace, also their salary, benefits or rights may not be affected.

In the event the contingency orders labor suspension:

  • The employer will be obliged to close the workplace.
  • The employer must temporarily suspend the work relationship and pay the equivalent of a daily minimum wage ($123.22 pesos) for each day of suspension for up to a period of one month; if the contingency continues, the employer will not be obliged to cover any amount.
  • Employees must report to work once the health contingency period has concluded.

Regardless of any governmental measure, it is recommended that necessary measures be implemented in the workplace to prevent the spread among employees.

Should you have any doubts or comments, please do not hesitate to contact us.

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