On August 23, 2022, a decree was published in the Official Gazette of the Federation (“DOF“) amending several provisions of the General Regulations for Labor Inspection and Application of Sanctions (the “Regulations”).

The purpose of the Regulation is to promote a simplified and concrete procedure when it comes to labor inspections, the importance of which lies in the monitoring of compliance with labor legislation. 

The Amendment includes significant changes in: (i) the rules for the application of labor inspections and, (ii) the administrative sanctioning procedure.

Amendments to the procedural deadlines:

• For occupational health and safety inspections, the term for employers to comply with safety measures ordered for inspection purposes is reduced from 90 days to no more than 30 days.

• For general conditions inspections, a period of 5 days is established to formulate observations and offer evidence in relation to the facts stated in the corresponding Inspection Report.

Amendment to the Inspectors’ faculties:

• The capacity for the labor inspectors to notify the agreements related to the substantiation of the labor inspection procedures is added.

• Labor inspectors may carry out extraordinary labor inspection visits to employers and companies incorporated to the voluntary compliance programs implemented by the Ministry of Labor and Social Welfare.

• The federal labor delegations are replaced by federal labor representative offices.

• It is added the obligation of the authority to notify the inspected employers of the agreement to close the administrative inspection procedure and to initiate the administrative sanctioning procedure.

The amendments to the Regulations become effective one day after their publication; however, inspections initiated prior to this date will follow the provisions in force during their date of initiation.

Should you have any questions or require further information regarding this note, please contact info.rapa@rapa.mx