Mexico City, May 3rd , 2022.
On April 28th, 2022, a Decree was published in the Federal Official Gazette that reforms Section IX of Article 132 and Section V of Article 204 of the Federal Labor Law.
The reform imposes on employers the obligation to grant their employees the necessary time to exercise their right to vote in popular elections, participate in the process of removal from office and for the fulfillment of jury, electoral and census services, when such activities will be carried out within their work shifts. On April 10th, 2022, the consultation to remove from office President Andres Manuel Lopez Obrador took place. Such procedure was not contemplated in the Federal Labor Law and produced uncertainty in employers if they were obligated to allow their employees to take the necessary time to exercise their vote.
Likewise, the reform sets forth that those employers with employees providing services on vessels and ships, will have the obligation to grant them sufficient time to participate in popular elections and the removal from office process, provided that the safety of the vessel or ship allows it and does not hinder the vessel or ship departure at the established date and time.
In this regard, new obligations are imposed, therefore, employers shall take the necessary measures to allow their employees to participate in the aforementioned activities within their work shift.
The attorneys of Basham, Ringe y Correa, S.C. remain available for any question or comments.
S I N C E R E L Y,
Jorge De Presno jorgedepresno@basham.com.mx
David Puente dpuente@basham.com.mx
Álvaro González agonzalez@basham.com.mx
