By: José Díaz and Eumir Quintero
Health Safety Guidelines for a New Labor Environment
By decrees issued on May 14th and 15th of 2020, the Ministry of Health published on the Federal Official Gazette the strategy to resume social, educational and economic activities.
The strategy contains the Health Safety Technical Guidelines to be applied on the Labor Environment, which includes principles and standards about the measures to promote, protect and care for health. They must be considered and included on a Health Safety Protocol, that every “essential” Company wishing to return to its normal activities must elaborate. For more information about the content to be included on the Protocol be sure to read one of our recent posts (“Scope of the COVID-19 Health Contingency Work Plan for the Private Sector“).
As early as May 18th, 2020, all the aforementioned Companies, must fill a document titled “Health Safety Protocol Self-Evaluation” which must be based on the Protocol mentioned previously and in good faith. This Self-Evaluation document can be seen and downloaded on the following link:
In addition to completing the Self-Evaluation, general identification information that the portal requires must be provided as well as a signed Commitment Letter. Once the information and the documentation is completed and sent, the Mexican Social Security Institute (IMSS) will issue an electronic acknowledgement of receipt, and in a term no longer than 72 hours, will give an answer.
IMSS will then give one of the following answers*:
- Request Approval.
- Request to provide further information: In this situation, the Company must provide remaining information or improve the one sent.
- Denial: The process will need to restart completely.
* Companies cannot restart activities at any time without receiving approval from IMSS.
This “Return to a New Normality” has been divided in 3 stages by the Federal Government:
- 1st Stage: Starts on May 18th. The so-called “Cities of Hope” (cities with no cases of contagion or closeness to cities with contagion) will be able to return to their normal labor activities.
- 2nd Stage: It will develop between May 18th and May 31st, and will consist in preparing to reopen. In this stage the essential Companies must elaborate the Protocol and the steps aforementioned and explained in order to return to their activities.
- 3rd Stage: On June 1st, 2020 a Health Alert System (resembling a traffic light) will begin, which will be updated weekly and will be divided by regions (state and local). This system will define the alert level and the types of activities that are able to return, whether they are economic, labor, educational or social:
If you have any questions, please send a message here to contact our labor law experts.
The content of this page is not and should not be considered legal advice, the information is for informational purposes only.