MEXICO
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
Yes, on March 24, 2020 a Decree was issued by the Secretary of Health about the COVID-19 virus and published in the Official Daily of the Federation: March 24, 2020 a Decree was issued by the Secretary of Health.
This decree ordered the immediate suspension of workers in any vulnerable high risk group with full pay by the employer: e.g. "Adults over 65 years of age and older and groups of people at risk of developing serious disease, and including pregnant or lactating women, children under 5 years of age, people with disabilities, people with chronic non-communicable diseases (people with arterial hypertension, lung, kidney failure, lupus, cancer, diabetes mellitus, obesity, liver failure, or metabolic, heart disease), or with any disease or pharmacological treatment that generates suppression of the immune system."
Suspension of work is addressed in the Mexican Labor law, articles 427 – 429.
Article 427. These are the causes for temporary suspension of the labor relations in a company or establishment:
Due to force majeure or unforeseen circumstances that is not the responsibility of the employer, or his physical or mental disability, or his death that produces as a necessary consequence the direct and immediate necessity of the suspension of work.
Article 429. In the cases indicated in Article 427, the following standard will be observed:
With regard to section I, the employer or his representative, will give notice to the Court of the suspension, so that the latter, prior to the procedure set forth in the Special Collective Procedure established in article 897 and subsequent to this Law, may approve or disapprove it;”.
When a company suspends work because of a declaration of a sanitary emergency due to force majeure – the employer is supposed to notify the labor court authorities and the authorities will instruct and /or negotiate with the employer on the percentage of compensation to pay workers.
A sanitary emergency does not fall under a work-related medical emergency.
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
No. There are new responses daily to the ongoing development of the virus.
In general terms, everyone in Mexico has access to health care. Employers pay Social Security taxes on every employee and that entitles them and their families to use the Social Security hospitals and doctors. For people not employed and that do not have; Social Security for workers, State insurance for employees of States or Federal insurance for Federal workers, they can use the Bienestar Health Service, available to anyone including foreigners that do not have one of the other plans. There is no charge and persons are attended to in the General Hospitals and by the Red Cross. https://www.bienestar.org/health-services/
People infected are being isolated in the Government hospitals or in private hospitals. There is still no guidance on when they will return to work.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
On April 21, tIn a special evening edition of the DOF a modification was published to the Decree published March 31, 2020 which ordered the suspension of nonessential activities in Mexico until April 30, 2020. This Decree published April 21, 2020 modifies the original decree and extends the suspension of nonessential services until May 30, 2020. Read the entire Decree at:
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
These are mandatory guidelines issued by the Federal Secretary of Health.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
No. None of them mention a sanction or penalty, but the Health authorities and the labor authorities have the authority to shut down businesses and they are doing so. For example, in Baja, California they have visited and shut down factories and businesses all over the state.
6. Has your country adopted any laws or regulations related to COVID-19?
Yes. The following links are all the Decrees issued for COVID-19 to date. (14-04-2020) in Spanish and English.
April 8, 2020: AGREEMENT suspending on site inspection visits.
April 8. 2020: Secretarial AGREEMENT number 166/2020.
April 6, 2020: AGREEMENT special actions to address the health emergency generated by the SARS-CoV2 virus, published in the DOF on March 31, 2020
March 31, 2020: AGREEMENT special actions for attending to the health emergency generated by the SARS-CoV2 virus
March 30, 2020: Sanitary Safety Measures Presentation – published in the DOF March 30, 2020 SPANISH ENGLISH
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
