Labor inspections and possible alternatives from a labor perspective to address the health emergency generated by the SARS-CoV2 virus (COVID-19)

Labor inspections and possible alternatives from a labor perspective to address the health emergency generated by the SARS-CoV2 virus (COVID-19)

As we informed you in a timely manner, on April 21, 2020, the Agreement amending the extraordinary actions to address the health emergency generated by the SARS-CoV2 virus (COVID-19), published on March 31, 2020, was published in the Official Gazette of the Federation, among which the extension of the suspension agreement until May 30, 2020 stands out.

In this regard and in order to verify compliance with the respective suspension agreements and other measures that have been decreed, the Ministry of Labor and Social Welfare, through the General Directorate of Federal Labor Inspection, will continue to conduct extraordinary inspections at workplaces, with the aim of: (i) monitoring compliance with the provisions issued by the Ministry of Health, mainly with respect to the suspension of non-essential activities, and (ii) monitoring compliance with the right of workers to preserve the integrity of their salary. Finally, and since the authorities have declared that the Agreements issued (and the measures they entail) do not constitute the “declaration of health contingency” that allows the automatic suspension of the employment relationship and, consequently, the indemnity payment of the current general minimum wage to employees for a maximum period of one month; below, we name some alternatives to address the extraordinary measures we are facing: a. Implement the remote work modality (home office). b. Enter into agreements to modify working conditions (reduction of salary and/or working hours). c. Determine the periods in which vacations are taken and, even, bring forward vacations from future periods. d. Leaves of absence without pay. e. Collective suspension of the employment relationship. Regarding the adoption of the measures described, the current situation of each company must be analyzed to determine which is the one that best fits its needs. We are at your service for the implementation thereof and, if necessary, for advice in the event of an inspection. For additional information, please contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx Eugenia Barrutia: +52 (55) 5258 1054 | ebarrutia@vwys.com.mx

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