The amendments to several articles of the Federal Labor Law have been published today in the Federal Official Gazette.
This amendment is considered to be historical, given that the Federal Labor Law has not been substantially modified since it was enacted in 1970, and that is now adjusting to the current reality and international legislation.
The main changes that the amendment includes are the following:
- The concept of decent work is incorporated and there is special reinforcement of topics required to prevent work related discrimination.
- New forms of hiring employees are created which contribute to the creation of new employment with immediate benefits for young adults, students and persons who desire to obtain a better level of life.
Such new forms to hire personnel are the following:
- Per seasonal periods.
- Per initial training.
- A trial period is created.
- The termination of the employment relationship is more flexible.
- The salary per hour is regulated; prohibiting that the salary accrued under this modality is lower than the minimum mandatory wage in effect.
- The services of personnel supply or outsourcing are also ruled in order to avoid the abuse of this concept and to prevent employees´ rights from being violated.
- The reform also included a special chapter for mining workers and specifically for those who render services in coal mines.
- Situations related to sanitary contingencies and technical suspensions or stoppages are also considered in the modifications.
- Working mothers´ rights were increased.
- Paternity leaves were incorporated.
- Provisions regarding work in situ, home office and work from distance are now a reality; which will increase the personnel´s productivity.
- In connection with labor inspections, the ability to review employers is strengthened.
- Sexual harassment and abuses are included as justified causes for termination of employment.
- Regarding the labor procedure, back salaries are limited to one year, and if the process continues after such time, an additional 2% on a monthly basis will be added calculated over 15 months of salary.
- New training rules must be followed by the employer and the employees.
- The amendment contains a specific regulation for the Labor Justice and its members; a new Program for Professional service and the split of the initial hearing are two of the most important changes.