[co-author: Iván Andrade Castelán]
On December 9, 2020, Mexico’s Senate of the Republic approved amendments to Article 311 and added Chapter XII Bis of the Federal Labor Law (FLL), on teleworking. If President Andres Manuel López Obrador approves the bill, it will become effective the day after it is published in the
Official Journal of the Federation (
Diario Oficial de la Federación).
The following frequently asked questions and answers may be helpful to employers that are, or may be considering, providing telework arrangements for their employees.
Question 1. What is the definition of “teleworking”?
Answer 1. Teleworking refers to a worker’s performance of paid work activities in places other than the employer’s establishments. Under a teleworking arrangement, the physical presence of the worker is
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On December 9, 2020, Mexico s Senate of the Republic
approved amendments to Article 311 and added Chapter XII Bis of the
Federal Labor Law (FLL), on teleworking. If President Andres Manuel
López Obrador approves the bill, it will become effective
the day after it is published in the
Official Journal of the
Federation (
Diario Oficial de la
Federación).
The following frequently asked questions and answers may be
helpful to employers that are, or may be considering, providing
telework arrangements for their employees.
Question 1. What is the definition of
Wednesday, December 23, 2020
On December 9, 2020, Mexico’s Senate of the Republic approved amendments to Article 311 and added Chapter XII Bis of the Federal Labor Law (FLL), on teleworking. If President Andres Manuel López Obrador approves the bill, it will become effective the day after it is published in the
Official Journal of the Federation (
Diario Oficial de la Federación).
The following frequently asked questions and answers may be helpful to employers that are, or may be considering, providing telework arrangements for their employees.
Question 1. What is the definition of “teleworking”?
Answer 1. Teleworking refers to a worker’s performance of paid work activities in places other than the employer’s establishments. Under a teleworking arrangement, the physical presence of the worker is
[co-author: Andres Armida
, external consultant]
On November 11, 2020, the President of Mexico submitted a bill proposing the amendment of the Federal Labor Law, Social Security Law, National Workers’ Housing Fund Institute Law, Federal Tax Code, Income Tax Law, and Value Added Tax Law (the “
Presidential Bill”). In summary, the Presidential Bill intends to forbid subcontracting/general outsourcing of employees. In general, the bill can be dissected as follows:
Outsourcing/subcontracting
- Safe for the rendering of specialized services or works, the arrangements through which an individual or entity makes its own employees available for the benefit of others is prohibited.
Professional Employment Placement Agencies (PEPA)
Setting up and operating a joint venture
Structure
Are there any particular drivers in your jurisdiction that will determine how a joint venture is structured?
The laws of mainland United Arab Emirates (UAE) and most UAE free zones do not generally facilitate mechanisms often incorporated into joint venture (JV) agreements, unlike in other more developed jurisdictions. In particular, the enforceability of certain rights relating to share transfers, including drag, tag, call and put options, which JV partners would often view as standard and necessary contractual protections in the context of a JV, is largely untried and untested. As a result, JV partners often prefer to use offshore, Dubai International Financial Centre (DIFC) or Abu Dhabi Global Markets (ADGM) vehicles where they can be certain that those rights can be enforced.