The Decree by means of which several provisions of the Federal Labor Law and the Social Security Law are amended, added and repealed in connection with Domestic Workers, was published yesterday. This reform establishes new obligations for the employers, promotes decent work and expressly prohibits discrimination against this group of workers.
The Federal Labor Law defines domestic workers as those who, in exchange of compensation, carry out activities of maintenance, cleaning, assistance or any other activity inherent to the home within an employment relationship in which the employer does not obtain any direct economic benefit.
Furthermore, the law now establishes three different modalities under which domestic work can be carried out:
- Domestic workers who work for one employer and live in the domicile where they render their services.
- Domestic workers who work for one employer and do not live in the domicile in which they render their services.
- Domestic workers who work for different employers and who do not live in the domicile of any of them.
The following persons will not be considered as domestic workers:
Those who perform domestic work only occasionally or sporadically.
Those who provide cleaning, assistance, customer service and other similar services in hotels, nursing homes, restaurants, inns, bars, hospitals, sanatoriums, schools, boarding schools and other similar establishments.
Domestic workers will be subject to the following terms and conditions of employment:
- Employment agreement. Domestic work must be established in writing on an employment agreement.
- Work Shift. Daytime shift must not exceed of eight hours.
- Daily Rest. Domestic workers residing in the employer’s home must enjoy a minimum daily night rest of nine consecutive hours and a minimum daily rest of three hours between morning and evening activities
- Weekly Rest. Domestic workers will be entitled to a weekly rest of one day and a half ,preferably on Saturday and Sunday.
- Holidays. Domestic workers will be entitled to the mandatory holidays in accordance with the article 74 of the Federal Labor Law.
- Overtime. The periods during which the domestic workers do not freely dispose of their time and remain available for the employer to respond to possible work requirements and/or when the ordinary work shifts are exceeded, will be considered as overtime.
- Benefits. Domestic workers will be entitled to receive and enjoy vacations, vacation premium and Christmas bonus.
- Meals and Lodging. Employer will guarantee in all cases the meals for the domestic worker, same which must be hygienic and nutritious, of the same quantity and quality as those destined to the employer consumption. In cases in which the domestic worker resides in the employer’s domicile, lodging will also be guaranteed.
- Termination of Employment Relationship. Domestic workers may terminate the employment relationship at any time, by giving notice to the employer eight days in advance. Employer may terminate the employment relationship within 30 days after the date in which the domestic worker began to work, and at any time by giving notice to the worker eight days in advance and paying the corresponding severance.
- Social Security. Domestic workers are subject to social security insurance under the mandatory regime. However, such disposition will become effective once the necessary operative adjustments in the Mexican Social Security Institute (IMSS) are implemented, same which shall be fully concluded on April 01, 2021 (six months following the completion of the 18-month Experimental Program for Domestic Workers’ Affiliation implemented on April 01, 2019). Until these provisions come into force, the employer shall guarantee medical care and funeral expenses to domestic workers.
Employers have the following prohibitions:
- Hire teenagers under 15 years old.
- Hire domestic workers over 15 years old, who have not completed at least middle school, except that the employer becomes responsible for the domestic worker to finish his/her secondary education.
- Request non-pregnancy verification in order to hire a woman as a domestic worker.
- Engage in discrimination acts during all stages of the employment relationship and while establishing working conditions, as well as any treatment that harms the dignity of the domestic worker, especially migrant workers.
Finally, the Decree establishes that the National Commission of Minimum Wages will determine the minimum wages that must be paid to domestic workers.
This document is a summary for information purposes only. It does not constitute an opinion and may not be relied upon, used or cited without our prior written authorization. We do not assume any responsibilities for the content, scope or use hereof. For any comment with respect to this memorandum, please contact any partner of our firm.
For any comment regards this memorandum, please address Nadia González, Counsel in charge of the labor practice of Galicia Abogados: email@example.com