On July 2nd, 2019, various amendments regarding domestic employees were published in the Federal Official Gazette (DOF, by its acronym in Spanish). The main specifications of the decree are detailed hereunder:
- Domestic employee is defined as a person who is rightfully remunerated for performing activities inherent to household perseverance and maintenance, regardless of whether the employer receives or not a direct economic benefit from the employee’s work.
- People who sporadically perform domestic work or perform work in establishments that are not considered as a home for such purposes, are subject to the general provisions established in the Federal Labor Law and are not considered domestic employees.
- Domestic work must be documented by a written individual employment agreement.
- The working schedule must comply with the limits established by law.
- Domestic employees are entitled to receive benefits established by law, as well as mandatory access to social security.
- It is forbidden to hire a domestic employee under the age of fifteen years.
- The employer is exempt from the obligation to reinstate the domestic employee by paying a severance package.
It is important to note that, in addition to the general provisions, gender violence and discrimination at the workplace will be considered as motives for unjustified dismissal.
These amendments are the result of the Pilot Programimplemented by the Mexican Institute of Social Security (IMSS, by its acronym in Spanish). Once the program is completed, within a maximum of 6 months, the provisions concerning the formal incorporation of domestic employees into the mandatory social security system will enter into force.
Considering the 18-month term for the completion of the program and the term for the entry into force of the mandatory registration system, the abovementioned will be considered an obligation for all its effects in approximately 24 months.
Meanwhile, the employer must guarantee medical care and funeral expenses.
In this regard, these amendments seeks to provide juridical certainty to domestic employees by regularizing the corresponding provisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.