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2019 Employment Legislation Changes in Mexico

By July 5, 2019September 4th, 2022No Comments
National Palace, Mexico City

Work-related stress is certainly not a new concept in fast-paced modern society. Specifically, Mexico is a country grappling with one of the highest work-related stress rates in the world. Some estimates show that as much as 85% of corporations in Mexico may fail to provide adequate conditions to look after employees at all. These environments are more than just difficult to work in: they can literally encourage social disorders like stress, a work addiction, burnout syndrome, and even harassment.

But thankfully, this is one far-reaching issue that is receiving the attention it needs in order to remedy these rates. Recent changes in employment legislation in Mexico, aim to address this problem head-on. For employers considering a Mexico expansion, it is essential to understand what these changes entail moving forward.


Mental Health in the Workplace: Legislation Changes in Mexico

Mexico is certainly not the only country to recognize the importance of mental health-related efforts at work, though it may currently be among the most vocal about it.

According to the International Labor Organization, there are a wide range of factors that directly contribute to work-related stress. These can include things like social and cultural exclusion and stigma, a reduced participation in decision-making, a denial of civil and political rights, deficits in those rights, a denial of certain opportunities, and even major over-arching problems like extreme poverty.

The organization also has some recommendations in terms of how to mitigate these issues. It includes not only establishing quality mental health promotional practices by employers, but also learning how to handle an employee who becomes ill with a mental health problem like depression. Vocational rehabilitation models are also recommended for people dealing with long-term mental health issues.

Enter: NOM-035-STPS-2018

Otherwise known as the “Psychosocial Risk Factors in the Workplace – Identification, Analysis and Prevention in Mexico,” NOM-035-STPS-2018 is a document first published by the Official Gazette of the Federation in 2018 that will go into effect in October of 2019.

At its core, NOM-035-STPS-2018 recognizes that there are three major risk factors that can trigger various types of illnesses in employees in Mexico: work-related stress, work-related violence and a general lack of high quality sleep. If these issues aren’t addressed in their early stages, they can lead to a wide range of additional problems including depression, anxiety, and alcoholism. From a workplace point of view, they can also lead to high levels of absenteeism, employee disengagement, a high turnover rate, and a massive decline in productivity and profitability.

The document itself presents a few key options with regards to how to address these issues in your own environment. One involves encouraging an employee to seek support via a company dedicated to occupational health. There are also a number of reliable programs that business leaders can turn to, including the Ministry of Labor and Social Welfare and the National Program for Emotional Wellbeing at Work.

The penalty for failing to comply with these regulations is a steep one. Not only will the problems continue to impact an organization internally, but sanctions from the Federal Regulation of Safety and Health at Work will also likely be considered.

Learning Country-specific Legislation, Laws, and Regulations can be Challenging. International PEO Can Help.

Certainly, Mexico itself is not unique to these types of employment changes. Adjustments in local labor legislation for employers are happening all the time, and staying up to date can quickly feel like a full-time job. When you’re an employer with a presence (or planning to establish a presence) in multiple countries, things can become exponentially more complicated—especially as your international expansion continues at the same time.

Velocity Global’s expansion experts can provide guidance on Mexico expansion (or expansion into one of the more than 185 countries in which we operate), including cultural, economic, and political nuances and must-knows. They can ensure that your business stays current on all local labor legislation so that you can focus on moving your business forward.

Through our International Professional Employer Organization (PEO) solution, companies can expand into new markets in as few as 48 hours, and are enabled to hire virtually anywhere.

If you’d like more information about changes in employment legislation in Mexico, or if you have any additional questions about how we can assist with your global expansion efforts, reach out to us today.