[author: Franciso Udave]
WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for Mexico have been updated with new questions since its initial publication in January. (View responses from other countries here.)
Can an employer require compulsory vaccination? If yes, are there any exceptions or special circumstances that an employer must consider?
Unless there is an order issued by the corresponding Health Authorities, for instance, the Ministry of Health or the National Health Committee, establishing the obligation for all citizens to get vaccinated or the ability for employers to assist with a similar campaign among their employees, employers will not be able to require compulsory COVID-19 vaccination.
On April 23, 2021, the Federal Government published in the Official Gazette the amendment of several provisions of the Federal Labor Law, the Social Security Law, the Law of the National Workers Housing Fund (Infonavit), the Federal Tax Code, the Income Tax Law, the Value Added Tax Law (VAT), the Federal Law for State Employees, and the Federal Law regulating paragraph (b) of Article 123 of the Federal Constitution (collectively the Amendments ) to entirely modify the current regulation of personnel outsourcing.
Main Purpose
In general terms, the purpose of the Amendments is to prevent “outsourcing,” understood as a mechanism through which a beneficiary hires its required personnel through a third-party aiming to avoid or reduce employer’s liabilities and obligations under Mexican law. The Amendments’ goal is to incentivize companies benefiting from personnel to hire them directly, under labor agreements reflecting market conditions and that trigger the tax and social se
Friday, April 30, 2021
On April 23, 2021, the Federal Government published in the Official Gazette the amendment of several provisions of the Federal Labor Law, the Social Security Law, the Law of the National Workers Housing Fund (Infonavit), the Federal Tax Code, the Income Tax Law, the Value Added Tax Law (VAT), the Federal Law for State Employees, and the Federal Law regulating paragraph (b) of Article 123 of the Federal Constitution (collectively the
Amendments ) to entirely modify the current regulation of personnel outsourcing.
Main Purpose
In general terms, the purpose of the Amendments is to prevent “outsourcing,” understood as a mechanism through which a beneficiary hires its required personnel through a third party aiming to avoid or reduce employer’s liabilities and obligations under Mexican law. The Amendments’ goal is to incentivize companies benefiting from personnel to hire them directly, under labor agreements reflecting market conditions
To embed, copy and paste the code into your website or blog:
On April 23, 2021, the Decree amending, adding and repealing several provisions of the Federal Labor Law, the Social Security Law, the Law of the National Workers Housing Fund Institute, the Federal Tax Code, the Income Tax Law and the Value Added Tax Law, the Federal Law of Employees in the Service of the State, Regulatory of Section b) of Article 123 of the Constitution, the Regulatory Law of Section XIII bis of Section B, of Article 123 of the Constitution of the United Mexican States, in matters of labor outsourcing, was published in the Official Gazette of the Federation.
To embed, copy and paste the code into your website or blog:
On Friday, April 23, 2021, a decree that reforms labor outsourcing in Mexico was published in the Federation’s Official Gazette. This new decree amends the outsourcing provisions of the Federal Labor Law (FLL), the Social Security Law, the Law of the Institute of the National Housing Fund for Workers, the Federal Fiscal Code (FFC), the Income Tax Law and the Value Added Tax Law.
The new language of the law
expressly prohibits subcontracting, defined as
the practice of providing or making available workers for the benefit of another person or legal entity.