Recently, modifications to the General Law on the Rights of Girls, Boys, and Adolescents were published. which include the creation of the National Registry of Alimentary Obligations (hereinafter “the Registry”), a database that consolidates information on debtors and whose consultation will be a requirement for conducting procedures and obtaining identity documents.
The creation of the Registry has generated controversy in many sectors of the population, as the issuance of various government documents such as the voter ID card, driver’s license, or registration for running for public office is subject to the condition that the interested party has a certification stating that they are not part of the Registry.
This new measure has raised questions among employers. They question whether it is legal to require employees to submit this document during the recruitment process, and what the consequences would be if an employee fails to provide this information.
In a general interpretation of the labor legislative framework, Article 2 of the Federal Labor Law establishes that labor norms aim to promote dignified work in all employment relationships, understanding dignified work as one that respects the human dignity of the worker and does not involve discrimination based on ethnic or national origin, gender, age, disability, social status, marital status, etc.
Based on this, as well as various rulings issued by the Federal Judiciary, it is clear that there cannot be deception through acts of omission, as deception, strictly speaking, involves actions taken by a person that deviate from the truth and influence another person, which is not the case when it is claimed that the worker failed to inform the employer about this background, since such circumstance does not imply any action on the part of the worker and therefore cannot constitute a fault on the part of the employee.
To date, no reforms have been published regarding the scope of these measures in labor relationships, specifically in recruitment and hiring.
The Labor team at Vega, Guerrero & Associates is at your service to provide advice and training to your recruitment and labor relations teams in handling the corresponding processes. We will be glad to help you.
