Mexico City, June 20th, 2022,
On June 13th, 2022, the Ministry of Labor and Social Welfare published its «Federal Labor Inspection Program 2022«, which establishes, as its main objective, the supervision of compliance with labor regulations.
The Program includes a new inspection model which will be carried out by the Decent Work Unit through the General Directorate of Federal Labor Inspection and the Federal Labor Representation Offices, aimed to improve methods and planning inspections. With this new program, a total of 40,000 inspections are expected for 2022, 80% being extraordinary and the remaining 20% to be ordinary.
In this regard, the labor authority, with the support of computer systems and the information contained in its own databases and those of the Mexican Social Security Institute (IMSS), the Tax Administration Service (SAT) and the Ministry of Treasury and Public Credit (SHCP), will conduct a data analysis prior to carry out an inspection, to identify workplaces that do not comply with labor regulations.
Labor inspections will be mainly focused on verifying compliance with the recent reforms on outsourcing and union democracy, to monitor the protection of employees’ rights during the current pandemic caused by Covid-19 and compliance with safety and health regulations during the sanitary emergency.
Furthermore, Labor Inspectors have received training to standardize the criteria, regarding the way inspections related to outsourcing verification must be conducted.
In addition, new and improved inspection strategies are expected to be implemented to verify the compliance of general work conditions, safety and health at work, and training in specific sectors identified as high risk from a safety perspective (mining, metal-mechanical, coal, gold, silver, zinc, and copper).
This new Program creates new surveillance actions involving the use of technologies, voluntary compliance programs and alternative mechanisms to traditional inspection.
The Program also provides new strategies and lines of action to carry out labor inspections in federal matters, that is, in (i) general working conditions, (ii) training and skill-enhancement, and (iii) health and safety, in the following general terms:
|STRATEGIES||ACTION LINE 1||ACTION LINE 2||ACTION LINE 3||ACTION LINE 4|
|STRATEGY 1||To modernize the regulatory framework of the Federal Labor Inspection and its technological tools.||Comprehensive reform to the “General Regulation of Labor Inspection and Application of Sanctions”.||Modernize the Computerized System to Support the Inspection Process (SIAPI), to implement the Integrated System for Handling Complaints, Complaints, Accidents and Claims (SIQADE).||To have a national directory of companies and carry out inspections to verify and update data.||N/A|
|STRATEGY 2||Conduct labor inspections in specific productive sectors.||Inspections where high-risk activities are performed, or labor rights are vulnerable.||To monitor compliance with labor obligations of an economic nature.||To verify procedures to legitimize collective bargaining agreements.||N/A|
|STRATEGY 3||Set standardized criteria in the actions of federal labor inspectors.||Draft of protocols on Gender Equity and Subcontracting and continuity of the protocols for the Eradication of Child Labor and Human Trafficking.||Reduction of administrative time during inspections, motivation and results of inspections and unification of the criteria for the application of sanctions.||N/A||N/A|
|STRATEGY 4||Supervision and follow-up of inspections carried out by the Federal Labor Representation Offices and their Subordinate Units.||Establishment of a Supervision Program.||Addressing and follow-up of citizen complaints and denounces due to non-compliance with inspection activities.||On-site and/or documentary supervision visits.||N/A|
|STRATEGY 5||Surveillance strategy for subcontracting provisions.||Analysis and cross-checking of information contained in the Registry of Specialized Service Providers or Specialized Works (REPSE).||Identification of priority sectors for inspections.||Cross-checking of information related to the migration of personnel, mass dismissals and data provided in the REPSE.||Constant exchange of information with tax and social security authorities.|
|STRATEGY 6||Promotion of the benefits of alternative mechanisms to inspection and voluntary compliance.||Start of operation of the system of good labor practices and decent work.||To participate in the sessions of the National Consulting Committee for Occupational Safety and Health Standardization.||N/A||N/A|
|STRATEGY 7||Provide specialized training to public servants involved in labor inspection.||Provide permanent and mandatory training to personnel involved in the inspection process based on the annual training program established by the General Directorate of Federal Labor Inspection.||Promote the exchange of knowledge and training with institutions of higher education and with national and international institutions and organizations.||N/A||N/A|
This note was prepared with the support of Jimena Olivera Palazuelos.
The members of the Labor area in Basham, Ringe y Correa, S.C. will be available should you need to further comment on the contents of this newsletter.
S I N C E R E L Y,
Jorge De Presno