During her inauguration as president of Mexico on Oct. 1, 2024, Claudia Sheinbaum presented the key commitments of her government plan for the next six years. Her agenda includes several labor-related proposals, as well as ongoing initiatives that have already been presented before Congress. The following are some of the most notable:
- Minimum Wage Increase: The government will promote an annual and progressive increase in the minimum wage with the goal of reaching the equivalent of 2.5 basic baskets. This adjustment will be gradual, considering that the current average cost of basic living expenses in the country is MX$809. As a first step, on Oct. 7, 2024, the Commissions of Constitutional Affairs and Legislative Studies in the Senate have already approved a constitutional reform project to ensure that minimum wages increase above inflation rates, both for the private and public sectors.
- Social Security for Digital Platform Workers: A legislative initiative will be introduced to guarantee social security for workers on digital platforms, such as delivery workers and drivers for mobile applications, to provide greater protection to this growing sector. In this context, it will be essential to debate and take a position on whether platform operators should be considered workers under the legal framework or simply users of the applications.
- Reduction of Working Hours: Dialogue will be initiated with the business sector to gradually reduce the workweek from 48 to 40 hours over the course of the presidential term, considering the economic impact on businesses and the benefits to 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 a minimum of 15 days' salary to be paid no later than Dec. 20.
- Hire People with Disabilities: A proposal suggests that companies with more than 50 employees must include at least 5 percent of their workforce as individuals with disabilities.
- Chair Law (Ley Silla): This proposal, already approved by the Chamber of Deputies, requires employers to provide workers chairs with backrests for their rest during work hours, and to designate specific rest areas equipped with similar chairs for those who cannot remain seated during their shifts. This law is pending publication and enactment by the Federal Executive in the Official Gazette of the Federation.
- Pursuit to Eradicate the Gender Pay Gap: A constitutional reform is proposed to ensure substantive equality, wage equity, and gender equality between men and women.
The above proposals and reforms require a detailed analysis of their potential impact on the business sector and their implementation in workplaces across Mexico should they come into effect.
Holland & Knight's labor and social security attorneys are available to provide the necessary advice and help companies adapt to these changes. Please contact the authors for more information.
Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.
