Yesterday, August 23, 2022, the Decree issued by the President of the United Mexican States, Andrés Manuel López Obrador, was published in the Official Gazette of the Federation, amending, adding, and repealing various provisions of the General Regulation of Labor Inspection and Application of Sanctions.
Among the most notable modifications of this Reform Decree, we find the following:
- The specialized Inspection is created to monitor the compliance with the provisions relating to subcontracting;
- The possibility of carrying out advisory inspections and technical assistance through voluntary compliance programs or collaboration agreements is enabled. These are intended to promote compliance with labor provisions, decent or dignified work, labor inclusion, encourage the creation of formal jobs, increase training and productivity, and promote a culture of occupational risk prevention;
- The assumptions of the Advisory and Technical Assistance Inspections were modified, remembering that these are not subject to sanctions, but to follow-up inspections, and now they will be automatically applicable to Work Centers that:
- Have a maximum of thirty workers;
- Do not have more branches than the place visited;
- Their risk premium is less than class III;
- Do not develop activities of transformation or manufacture of raw materials; either and.
- Do not use dangerous substances.
- The Voluntary Compliance Program is promoted, and consequently, Verification Inspections are enabled for employers who register in this modality. In case of falsity in the information provided by the Employer, the sanctions may be fines, the removal from the Voluntary Compliance program, extraordinary inspections and visits to the Public Ministry;
- Sanctions are strengthened for Inspectors who neglect their duties or apply excessively or incorrectly the provisions of the NOMs;
- Added to the list of Extraordinary Inspections:
- Those that derive from a strategy of the STPS Inspection Program; and those that are practiced with the purpose of corroborating measures dictated within an Inspection procedure; and
- Those that are carried out with the purpose of corroborating measures dictated within an Inspection procedure.
- The periods for the correction of deficiencies and breaches detected in the Inspections are reduced. In terms of Health and Safety, the employer will have a period of no more than thirty days; for other subjects it will only be five days. Previously this period was up to 180 days;
- A period of no more than sixty business days is established for the Authority to go to the Work Center to verify that the prescribed security measures have been implemented.
These new provisions will be mandatory as of today, August 24, 2022, however, the administrative inspection procedures and application of sanctions that are in process as of today, will be resolved in accordance with the provisions in force at time of its start.
The Labor Law and Social Security area of Vega, Guerrero & Asociados remains at your service to provide you with the corresponding support and advice for compliance with these new provisions on Labor matters.