Labour Inspection and Application of Sanctions Modified

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LABOR INSPECTIONS – PROVISIONS OF THE GENERAL REGULATION OF LABOR INSPECTION AND APPLICATION OF SANCTIONS ARE MODIFIED

On August 23, 2022, the Decree amending, adding and repealing various provisions of the General Regulation of Labor Inspection and Application of Sanctions (“The Regulation” is published in the Official Gazette of the Federation (“DOF”). ), which aims to regulate the Federal Labor Law in relation to the procedure to promote and monitor compliance with labor legislation and the application of sanctions for violations of the same in the workplace.

The most relevant modifications contemplated in the Decree are detailed below:

  •  The provisions applicable to the deadlines for inspections are modified, in accordance with the following:

–           In terms of health and safety, a term may be granted that will range from immediate application and permanent observance to a term not exceeding 30 business days to correct the deficiencies and non-compliances that are identified, and said term may be extended exceptionally for a term. no more than 30 business days, as long as the employer reliably justifies that the origin of the irregularities detected corresponds to causes outside the workplace.

–           For the other matters on which the inspections are carried out, the employer will have a period of 5 days, without any extension, to make observations and offer evidence in relation to the facts recorded in the corresponding inspection record.

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