MONTERREY.- After the Government of Mexico announced the health emergencyThe Federal Labor Law contemplates that employers will be required to pay the minimum wage to their workers for a period not exceeding one month.
The federal undersecretary of health, Hugo López-Gatell, declared that from March 30 to April 30, all non-essential activities in the country will be suspended. Among the essential activities listed by the federal undersecretary, the activities of the medical branches and the health sector stand out.
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Likewise, all those involved in public security and in defense of the country’s sovereignty, legislative activities are crucial to face the health crisis.
Among the sectors involved are those of tax collection, generation of drinking water, electricity, supermarkets, groceries and the sale of prepared food, funeral services, among others.
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However, for all those sectors that are not considered essential, there are measures established in the Federal Labor Law that contemplate that in the event of a health contingency, the employer is required by law to pay the minimum wage for 30 days.
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In accordance with article 427, section VII of the Federal Labor Law, the declaration of a health emergency issued by the corresponding authority is grounds for suspension of work. However, section IV of article 429 establishes that employers will only be obliged to pay the minimum wage to their workers for a period not exceeding one month. Pablo Duarte, trial lawyer specialized in the labor branch, indicated that said measure only contemplates 30 days, so it proposes that employers and workers can negotiate agreements according to the economic capacities of each of the companies.
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“They can do it and I suggest they do it this way, because as such the figure of health emergency that the Executive proposed is not contemplated as such in the law, however, they have not declared the contingency either, so the suggestion is to negotiate with the workers, being in a legal limbo between two cases, the one declared by the Executive and what the Federal Labor Law says, to negotiate the greatest number of possible agreements of the workers according to the economic capabilities of the company, “said Duarte .