Fines for Noncompliance with INFONAVIT Law
New Legislation Enacted
Amendments to the INFONAVIT law, which became effective on August 28, 2017, in relevant part, provide that: (1) fines will be imposed using a new metric (known as Unidad de Medida Actualizada), which currently is measured at $75.49 per diem, to replace the general minimum wage as the former metric; (2) worker complaints can now be filed electronically, as opposed to only in writing; and (3) failure to cooperate with a document inspection or provide the requested information within the required timeframe is deemed a violation of the law, subject to penalties.
Government Declares Non-Working Days Due to Earthquake
New Order or Decree
On September 19, 2017, Mexico City and neighboring states were rocked by a 7.1- magnitude earthquake that inflicted grave damage, including the loss of life and collapsed structures. As a result, a number of days immediately following the earthquake were declared as non- working days for various government authorities, during which all actions and proceedings were deemed suspended, including administrative proceedings, legal challenges, notifications, requirements, and requests for information or documents. The non-working days also cannot be included in computations of timeframes and deadlines.
Amendment to Regulations Governing Handling and Storage of Materials
New Regulation or Official Guidance
On September 18, 2017, the Official Gazette published an amendment to modify the standards to protect health and safety in the workplace regarding the proper handling and storage of materials, whether done with machinery or manually. In relevant part, the amendment regulates the weight that women, pregnant women, and minors can carry in the workplace. It also regulates the maximum load that employees can handle and when “loading groups” or machinery must be used as an aid.
New System Allows Self-Reporting for Labor Law Compliance to Avoid Inspections
Important Action by Regulatory Agency
Mexico’s Labor Department (known as the STPS for its acronym in Spanish) has created an online system to measure and monitor employers’ compliance (or lack thereof) with the laws regulating the working conditions, training, safety, and health in the workplace. The system became available on August 2, 2017, and allows employers to voluntarily self-report their compliance at any time, freeing them from a set schedule to prevent disruption in productivity. If found in compliance, an employer may be exempted from regular inspection visits for one year. False reporting is subject to penalties.