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MEXICO: Annual Update – Expected labour law changes in 2016

By - - Employment Law

Minimum wage

Increased minimum wage rate: The national minimum wage will be increased to $73.04 Pesos MXN for each working day. The increase takes effect on 1 January 2016.
Action required:
(1) Ensure payroll is aware of the change.
(2) Ensure employment offers respect the revised rate.
(3) Check existing contracts to ensure they comply with the January increase. Amend if necessary.

Occupational Hazards Notice System

Occupational Hazards Notice System (“SIAAT”) : SIAAT will be available from 1 January 2016. It will enable employers to inform the Ministry of Labour and Social Welfare (“STPS”) about occupational hazards and workplace deaths via the internet. The website address is http://siaat.stps.gob.mx. Notifications must be completed within 72 hours of the incident.
Action required: In order to use the SIAAT, employers must complete registration and obtain the necessary certification. Ensure this is done as soon as possible to enable electronic reporting.

Labour reform initiative

General Labour Reform Initiative: President Enrique Peña Nieto announced in early December that he is supporting an initiative to amend labour procedures. The aim is to make the procedures more efficient. Changes could be made in 2016.
Action required: Employers should keep abreast of the developments in this area.

Discrimination

Development of discrimination protection: The development of anti-discrimination legislation is expected to conclude in 2016. There is a particular focus on gender and disability discrimination.
Action required:
(1) Employers should keep abreast of the developments in this area.
(2) Review existing employment practices and identify potentially discriminatory terms. Remedy them as soon as possible. Litigation in this area is becoming more common and it is best to be ahead of the legislation.

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