On February 14, 2023, the Senate of the Republic approved a Reform Initiative to the Federal Labor Law, which will be sent to the Chamber of Deputies for its discussion, particularly Articles 3°, 25° and 512° of such law, seeking to guarantee that the necessary measures for the prevention and protection of the mental health of the employees are taken in the work centers.
The approval of the initiative is derived in the first place to protect the emotional stability of the worker, since stress, anxiety and depression have been present in the work centers in the last years, since as an important fact, in Mexico absenteeism has been present due to these ailments, since it has impacted in a loss of almost 23.8% of the labor productivity of the workers, according to data issued by the Ministry of Labor and Social Welfare.
However, in the event that this initiative is discussed and approved, it will prohibit discrimination by employers and/or companies for mental disorders presented by any worker, obliging the latter to implement two days a year (one per semester) given by a professional in the area of psychiatry, with the purpose of supporting and protecting the mental health of workers, clarifying that such days will not be taken by employers and/or companies as days of training, business training or coaching.
On the other hand, it talks about the inclusion of an Integral Program for the Promotion and Protection of the Human Right to Mental Health at Work within the working conditions, such program will contain a protocol for the prevention and eradication of psychological abuse by the employer or its representatives of hierarchical superiority, campaigns for the protection of mental health, specification of the six-monthly days, among others.
Finally, another important point that stands out in the initiative is that the Ministry of Labor and Social Welfare, in coordination with the Ministry of Health, will have the power to issue the necessary guidelines for the protection and promotion measures to be included in the new Integral Program mentioned above, since once said amendment to the Federal Labor Law becomes effective, the employer and/or company will have 180 calendar days to update the general working conditions and include said Integral Program.
In case you require advice regarding the new reform initiative and its scope, the labor area of Vega, Guerrero y Asociados is at your service.