With regard to the reform of the”GENERAL LAW TO PREVENT, PUNISH AND ERADICATE CRIMES RELATED TO TRAFFICKING IN PERSONS AND FOR THE PROTECTION AND ASSISTANCE OF VICTIMS OF THESE CRIMES” published in the Official Gazette of the Federation on June 07, 2024, this introduces significant changes in Mexican labor legislation, in response to issues of labor exploitation:
· As a form of labor exploitation, working hours are added in excess of what is stipulated by the Law.
· In the case of persons belonging to indigenous/Afro-Mexican peoples/communities subject to working hours beyond what is stipulated by the Law; the penalties provided will be 4 to 12 years in prison, and a fine of 7 thousand to 70 thousand days.
However, as a result of the reform of this Act, COPARMEX has urged the STPS and the members of the next legislature to correct the deficiencies and legal loopholes that exist in relation to overtime work.
However, as mentioned by the Congress of the Union itself, it must not be forgotten that the Federal Labor Law itself is the one that allows due to extraordinary circumstances that a person can work hours in excess of what is allowed and receive additional compensation in return.
However, it is extremely important to bear in mind that Article 123 of the Constitution in its section A, section XXVII, establishes that inhumane working hours that are notoriously excessive, even if agreed between the worker and the employer, will be null and void.
Accordingly, article 5 of the LFT establishes that a stipulation that establishes an inhumane working day that is notoriously excessive, given the nature of the work, will not produce legal effect, nor will it prevent the enjoyment and exercise of rights, whether in writing or verbally, the stipulation that establishes an inhumane working day that is notoriously excessive, given the nature of the work; likewise, article 66 of the above-mentioned Act states that You can only extend the working day by extraordinary circumstances, so a key to the reform that classifies excess overtime work as labor exploitation The thing is that the crime is configured when the limit of hours and the maximum of overtime are exceeded: up to three hours a day and nine hours a week.
From the above, it can be interpreted that when overtime work becomes something permanent, it could fit into the figure of labor exploitation, since overtime must be justified for a particular situation it should be noted that workers have no obligation to extend their services beyond the limits allowed on a recurring and daily basis.
However, in the event that a worker gets to work overtime longer than is legally allowed, the employer must request overtime support in writing and is obliged to make an additional payment as indicated above, since in the event of a contingency, the Labor Authority or inspection by the STPS, may determine that inhumane days are being worked by having more overtime on a continuous basis than those established at most in the LFT, so again, labor exploitation would be taking shape.
Therefore, our recommendation is to check that all conditions are optimal and healthy for the development of work activities, that employees are paid in accordance with the work done and that for no reason the payment is below what is legally established. In addition to this, we must consider the importance of documenting any payment made to workers for wages; and where appropriate, for working overtime.
Hoping that this information will be useful, we are at your disposal for any questions or clarifications in this regard.
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