During her inauguration as President of the United Mexican States on October 1, 2024, Claudia Sheinbaum presented the main commitments of her government plan for the next six years. Her agenda includes several proposals related to labor, while also considering initiatives already submitted to the Congress of the Union, among which the following stand out:

»     Minimum wage increase: A progressive annual increase in the minimum wage will be promoted with the goal of reaching the equivalent of 2.5 basic food baskets. This adjustment must be gradual, considering that the current average cost of a basic food basket in the country is $809.00 MXN. Following this, on October 7, 2024, the Senate's Constitutional Affairs Committee and Legislative Studies Committee approved the constitutional reform bill to ensure that minimum wages increase above inflation for both the private and public sectors.

»     Social security for workers on digital platforms: A bill will be introduced to guarantee social security for workers on digital platforms, such as delivery drivers and app-based drivers, in order to provide greater protection to this expanding sector. In this context, the debate and stance on whether the operators of these platforms should be considered employees under the legal framework or simply app users will be crucial.

»     Reduction of working hours: A dialogue will be initiated with the business sector to gradually reduce the workweek from 48 to 40 hours over the six-year term, taking into account the economic impact on the business sector and the need for workers' rest.

Relevant initiatives and projects in the legislative process include the following:

»     Increase of the Christmas bonus to 30 days: Currently, the Federal Labor Law mandates that 15 days of salary be granted no later than December 20th.

»     Hiring people with disabilities: It is proposed that companies with more than 50 employees integrate at least five percent of people with disabilities into their workforce.

»     Silla Law: This proposal, already approved by the Chamber of Deputies, requires employers to provide workers with chairs with backrests for rest during their shifts, as well as designate specific rest areas with the same type of seating for those who cannot remain seated throughout the workday. Its publication and implementation by the Federal Executive are still pending. Diario Oficial de la Federación.

»     Seeking to eradicate the gender pay gap: It is proposed to make a constitutional reform, to guarantee substantive equality, salary equity and gender equality between men and women, thus strengthening the gender perspective within the country.

The aforementioned proposals and reforms warrant a detailed analysis of the impact they would have on the business sector and their implementation within workplaces in Mexico should they come into force.

Our labor and social security team is available to provide the necessary advice and help companies adapt to these changes. Please contact the authors for more information.

The information contained in this alert is for the education and general knowledge of our readers. It is not intended to be, and should not be used as, the sole source of information when analyzing and resolving a legal issue, and it should not replace legal advice, which is based on a specific analysis of the facts. Furthermore, the laws of each jurisdiction are different and constantly changing. This information is not intended to create, and its receipt does not constitute, an attorney-client relationship. If you have specific questions about a particular factual situation, we urge you to consult the authors of this publication, your representative at Holland & Knight, or another qualified legal advisor.

Authors

Humberto Morales

Monterrey

+52.81.8215.7710

humberto.morales@hklaw.com

Francisco García

Monterrey

+52.81.8215.7718

francisco.garcia@hklaw.com

Juan Carlos Torra

Mexico City

+52.55.3602.8013

juancarlos.torra@hklaw.com

Sean Muzquiz

Mexico City

+52.55.3602.8063

sean.muzquiz@hklaw.com

Jose Manuel Marquez

Monterrey

+52.81.8215.7741

jose.marquez@hklaw.com

Damián Gómez

Mexico City

+52.55.3602.8056

damian.gomez@hklaw.com