On June 7, 2024, a decree was published in the Official Gazette of the Federation amending and adding various provisions of the General Law to Prevent, Punish and Eradicate Crimes related to Human Trafficking and for the Protection and Assistance to the Victims of These Crimes (the "Decree"). The Decree provides that excessive working hours could be considered a crime of labor exploitation.
The Decree added section IV of Article 21 of the aforementioned law as follows:
“Anyone who exploits one or more individuals for labor purposes will be sanctioned with a prison sentence of 3 to 10 years and a fine of 5,000 to 50,000 days of minimum wage.
Labor exploitation occurs when a person obtains, directly or indirectly, an unjustifiable benefit, economic or otherwise, in an unlawful manner, through the work of others, subjecting the person to practices that violate their dignity, such as:
I. (…);
IV. Working day exceeding the limits stipulated by Law.
When it comes to people belonging to Indigenous or Afro-Mexican communities, the penalties provided will increase from 4 to 12 years in prison, and from 7,000 to 70,000 days of minimum wage”.
With respect to the regulations on working hours, it is worth mentioning that Mexican Federal Labor Law ("FLL") provides that weekly work shifts shall not exceed 48 hours for the daytime shift, 42 hours for the nighttime shift, and 45 hours for the mixed shift (part day and part night). Furthermore, it specifies that work shifts may be extended due to extraordinary circumstances but shall never exceed three hours per day nor three times per week.
With respect to the interpretation of the Decree, the following considerations should be taken into account:
As a consequence of the foregoing, it will be important to analyze - on a case-by-case basis - the work shifts existing in the companies, in order to determine the possible implications that the Decree would have on them.
The comments in this document are made exclusively based on the current legal labor framework in Mexico, and in consideration of the premises expressed. The mentioned implications are of a general nature and have the purpose of disclosing relevant aspects of the Decree’s implications.
The content of this document and the opinions expressed herein are not binding for the authorities in Mexico, therefore, the interpretation of the Decree by the authorities may differ from the above mentioned.
We are available to assist with any questions regarding this note.
Claudio Jiménez De León
Rodrigo del Valle Prieto
Nora Morales Rodríguez
nmorales@macf.com.mx
Gabriel Calvillo Díaz
Colaboramos estrechamente como un solo equipo, compartiendo conocimientos y experiencias para ofrecer soluciones innovadoras e inesperadas a los desafíos de nuestros clientes, siempre con el más alto estándar de calidad.
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