On June 7, new sanctions came into effect that include fines and prison sentences for employers who force their workers to work more hours than those established by law, ranging from two thousand to five million pesos or prison for up to 12 years, in cases with aggravating circumstances.
These provisions were established from a modification to the General Law to Prevent, Punish and Eradicate Crimes in the Matter of Human Trafficking, explained in ‘Aristegui en Vivo’, Rolando Silva Briseño, member of the Technical Commission of Social Security of the College of Public Accountants of Mexico (CCPM).
The modification published in the Official Gazette of the Federation, he said, incorporates labor exploitation within the scope of the law against human trafficking, and also establishes sanctions for employers who “grant workers work days that go beyond what the law provides.”
He recalled that the Federal Labor Law defines the work day with a general limit of eight hours per day and seven and a half for night shifts, although the law allows exceptions in cases of emergency that do not put the lives of workers at risk, any excess must be adequately remunerated.
“I can exceed the work day if there is an imminent danger that puts the lives of workers at risk, the prevalence of the business and in this case, it will have to be paid in one way, it is only necessary to pay.”
He mentioned that if the emergency or extraordinary case is due to an excess of work, a greater production or a greater demand, “the work day can be extended up to 3 hours in one day, as long as this does not exceed the famous 9-hour tolerance limit on more than three occasions.”
Silva Briseño stressed that failure to comply with these provisions can lead to fines ranging from 2,000 pesos, 500,000 or 5.4 million pesos, with aggravating factors for cases involving indigenous or Afro-Mexican communities, where the sanctions can reach up to 760,000 pesos.
In addition, prison sentences can vary from three to ten years, extending from four to twelve years in cases with aggravating factors.
Silva Briseño stressed that this new regulation applies regardless of the worker’s consent to work overtime, since the law does not allow the waiver of fundamental labor rights.
“The worker cannot waive part of his salary, his Christmas bonus or the permitted work day,” Silva Briseño stressed.
These measures, he indicated, seek to protect workers from abusive working conditions and ensure compliance with labor rights.
The inclusion of excessive working hours as a case of labour exploitation considered in Mexican legislation reinforces the protection of workers against abusive practices, concluded Rolando Silva Briseño, who said that these legal changes affect both employers and workers.
Source: aristeguinoticias
