VAZAL archive · Originally published in 2024. This is an English translation of the content as published at that time.
On June 7, 2024, an important reform to the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking was published. The reform has drawn the attention of many employers because working hours exceeding legal limits were included as a possible form of labor exploitation. Although this may initially seem alarming, understanding the context and how this legal change could affect your company is essential.
How Does This Relate to Human Trafficking?
The General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking focuses on protecting people against various forms of exploitation, including forced labor. In this context, the 2024 reform broadens the definition of labor exploitation to include not only dangerous or unhealthy working conditions, but also working hours exceeding those permitted by the Federal Labor Law (LFT).
This reform addresses the need to prevent any abuse arising from employment relationships and aligns with global efforts to combat human trafficking. Although the law's primary aim is to tackle severe and forced exploitation, the new provisions remind employers of the importance of respecting legal limits in all employment relationships.
Key Points of the Reform
- Broader Definition of Labor Exploitation: It now includes working hours exceeding those stipulated by the Federal Labor Law (LFT), which may be considered exploitation when imposed systematically and without adequate compensation.
- Criminal Penalties: Penalties range from 3 to 10 years in prison, with fines that may increase significantly if the exploitation affects members of vulnerable groups, such as Indigenous or Afro-Mexican communities.
- Effective Date: The reform took effect on June 8, 2024.
What Does the Federal Labor Law (LFT) Provide?
The LFT establishes that the maximum working day must not exceed 8 hours for daytime shifts, 7 hours for nighttime shifts and 7.5 hours for mixed shifts, totaling 48 hours per week. It also allows working hours to be extended in extraordinary circumstances, but subject to strict limits: no more than 3 hours per day and only up to 3 times per week. Exceeding these limits without proper compensation and justification may result in overtime being considered labor exploitation under the new reform.
Our Recommendations for Compliance
Documentation and Records: Keep clear, detailed records of overtime worked and ensure that the legal conditions for additional work are met.
Ongoing Training: Ensure that both you and your employees understand current regulations and their rights and obligations regarding working hours.
Legal Advice: When in doubt, seek legal advice to ensure your employment practices comply with the law and avoid potential risks.
Expert Advice
The reform to the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking is a reminder of the importance of maintaining fair employment practices within legal limits. While its primary intention is to combat severe exploitation, employers must manage working hours properly to avoid any misinterpretation.
At Vazal Corporativo Jurídico, we are committed to helping you understand and comply with these new provisions. Please contact us for advice and to ensure your company is protected against these legal changes.
References:
- Diario Oficial de la Federación, "Decree amending and supplementing various provisions of the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking and to Protect and Assist Victims of These Crimes", June 7, 2024. Link: https://www.dof.gob.mx/nota_detalle.php?codigo=5729925&fecha=07/06/2024&print=true
- Chamber of Deputies of the Congress of the Union, General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking and to Protect and Assist Victims of These Crimes, latest reform published in the Diario Oficial de la Federación on June 7, 2024. Link: https://www.diputados.gob.mx/LeyesBiblio/pdf/LGPSEDMTP.pdf.