The Ministry of Labor and Social Welfare along with the Health Ministry have issued the COVID-19 Action Guide applicable to all Work Establishments in Mexico, with the purpose of preventing and addressing the COVID-19 outbreak.

These measures must be considered by employers in Mexico in order to issue an emergency plan and implement the corresponding actions in case of a potential sanitary contingency declaration issued by the Federal Government. In addition, work establishments should apply these measures to collaborate with the prevention and attention of COVID-19.

The most important items of this Guide are the following:

A. General Control Strategies

• Publish and promote preventive measures within the work establishment related with COVID-19 (communication materials issued by the Federal Government may be used https://coronavirus.gob.mx/).
• Promote healthy social distancing by decreasing face-to-face encounters among employees, customers and the general public, including the adjustment of work spaces and areas during the outbreak.
• Apply entry filters to identify employees and clients with respiratory diseases and instruct them to go home in voluntary quarantine.
• Send personnel with respiratory diseases home and instruct them to get medical attention if they have any of the symptoms.
• Isolation of employees with a confirmed infection of COVID-19 or with confirmed exposure to the infectious biological agent.

B. COVID-19 Attention Plan for Work Establishments

• Designate the personnel that will be responsible for keeping employees updated on the instructions determined by the Sanitary Authority.
• Identify employees with greater risk exposure due to their condition, as well as those functions or duties that are riskier due to their exposure to the general public.
• Identify functions that can be performed from home and those that are essential to maintain the activity of the workplace.
• Inform employees on the National Safe and Social Distancing Program (Jornada Nacional de Sana Distancia) related with the COVID-19 outbreak and place the same in visible spots within the workplace, or distribute it through any available means.
• Provide training on the prevention and cleaning measures, including employees’ preparation to assume and provide their duties in a potential case of absenteeism.
• Implement preventive measures, such as permanent cleaning of the workplace; provide sanitary products and equipment for personal protection; stagger schedules for the use of facilities to diminish personal contact; separate work stations at a distance of 1.50 to 2 meters; among others.
• Keep records of personnel with sick leaves and evaluate possible contagion scenarios, and identify personnel that could have been in contact with an infected person, and send them home.

The authorities have recommended certain temporary work policies during this COVID-19 outbreak, which we recommend assessing on a case-by-case basis in order to determine the best way to implement the same and reduce legal risks. These policies include, among others: the temporary suspension of non-essential activities, reorganization of work shifts, home office or remote work, reducing attendance of vulnerable personnel, prevent re-entry of sick employees and offer them the possibility of leaving the workplace if they have any of the symptoms, without applying salary discounts.

Employers must observe specific rules for social security obligations related to employees in accordance with the Mexican Social Security Law and its Regulations. Please note that specific rules will apply depending on the type of policy or work structure implemented in the workplace (e.g. home office, absenteeism, disabilities, etc.). We suggest making an individual assessment for each scenario, as applicable, in accordance with each company and work establishment’s needs.

In addition, Mexico City’s Government announced that from March 23 to April 20, 2020, party halls, cinemas, theaters, bars, private clubs, casinos, nightclubs, discos, nightclubs and their variables; public and steam baths, gyms, sports facilities, museums, zoos, amusement centers for electronic and / or video games, mechanical and electromechanical, bowling alleys and billiards; Points of Innovation, Freedom, Art, Education and Knowledge, Child Development Centers DIF Centers in Mexico City, DIF Day Centers in Mexico City, Child Care, Care and Development Centers (in Spanish known as CACDIs) and educational centers at all levels in Mexico City, religious worship events and public and private events of more than 50 people will be temporarily suspended. The State of Mexico has also suspended as of March 23, 2020 the abovementioned establishments, including shopping malls, retails, and restaurants may only operate in a “take-away” and home delivery manner.

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