By Paulina Regil
On March 13 of this year, Deputy Gustavo Macías Zambrano and legislators from the PAN Parliamentary Group took the initiative to present a proposal for reform to article 132 subsection XXIX of the Federal Labor Law before the Plenary of the Chamber of Deputies, which has generated considerable interest and discussion in the legislative sphere.
To better understand these proposed changes, it is essential to contrast the current text with the proposed text:
| CURRENT TEXT Article 132. Employer obligations: I. to XXVIII. … XXIX.- Grant unpaid leave to workers declared missing who have a Special Absence Declaration, in the terms established by the special legislation on the matter. XXIX Bis. to XXXIII. … | PROPOSED TEXT Article 132. … I. to XXVIII. … XXIX. Grant unpaid leave to workers declared missing who have a Special Absence Declaration, in the terms established by the special legislation on the matter; as well as to those workers who can prove that their spouse, partner, or direct blood relatives up to the fourth degree, collateral relatives up to the fourth degree, or relatives by affinity up to the second degree, are missing; XXIX Bis. to XXXIII. … |
This proposal aims to guarantee workers the right to access unpaid leave in situations where their direct relatives are missing, provided they can duly prove this situation. This leave would cover spouses, partners, and direct blood relatives up to the fourth degree, as well as collateral relatives up to the fourth degree, and relatives by affinity up to the second degree, fully recognizing the complexity and emotional impact of the absence of a loved one. However, this right is conditional upon workers obtaining and presenting a Special Absence Declaration at their workplace, in accordance with the provisions of the applicable special legislation.
Additionally, it is important to note that unpaid leaves, as envisaged in the reform proposal, entail specific effects in labor terms. On the one hand, these absences will not be recorded as unjustified absences, thus protecting workers’ labor rights by not suspending the employment relationship. However, it is crucial to consider that, although these absences will not be considered unjustified, they will also not be taken into account for the calculation of bonuses, vacation days, and relevant bonuses.
It is worth mentioning that this proposal still needs to go through various legislative processes before becoming law. The initiative was referred to the Labor and Social Security Commission, where it will be analyzed and discussed in detail. If approved, it will move to the plenary of the Chamber of Deputies for final voting. If ratified, it will be sent to the Senate and subsequently to the Executive for promulgation and publication in the Official Gazette of the Federation.
Considering these proposed changes in labor regulations, it is essential for companies and workers to be aware of their legal implications and obligations. For any doubts or inquiries regarding labor matters, the team at Vega, Guerrero & Asociados is available to provide the necessary support and guidance.
