On June 7, 2024 an amendment (the “Amendment“) to the General Law to Prevent, Punish and Eradicate the Crimes of Trafficking in Persons and for the Protection and Assistance to the Victims of such Crimes (the “Law“) was published in the Official Gazette of the Federation. The amendment consists of changes to the provisions regarding Labor Exploitation.

The Law indicates that Labor Exploitation exists when “…a person obtains, directly or indirectly, unjustifiable benefit, economic or otherwise, in an unlawful manner, through the work of others, subjecting the person to practices that violate their dignity, such as:

• Dangerous or unhealthy conditions, without the necessary protections according to labor legislation or existing standards for the development of an activity or industry;
• Existence of a manifest disproportion between the amount of work done and the payment made for it, or
• Salary below what is legally established”.

The Amendment adds to these practices workdays in excess of those stipulated by law. In Mexico, the Federal Labor Law (the “LFT“) regulates workday. As a general rule, Article 61 of the LFT establishes that the maximum workday hours are i) 8 hours during the day; ii) 7.5 hours for mixed workdays; and iii) 7 hours during the night.

However, the LFT itself foresees in its Articles 66 and 68 the cases in which the working day may be extended. Article 66 provides that the workday may be extended due to extraordinary circumstances up to a maximum of 3 hours per day 3 times a week. Article 68 states that in the event of extending the workday beyond what is indicated in Articles 61 and 66, the workers will not be obligated to perform the work and if they do so, the overtime hours worked will be paid at double the salary.

Based on the foregoing, it is our opinion that the assumption of Labor Exploitation does not arise when:

• The workday of the workers is within the established maximums, i.e. i) 8 hours during the day; ii) 7.5 hours mixed; and iii) 7 hours at night.

• The extensions of 3 hours per day 3 times a week are applied.
• The workday is extended beyond what is established in the previous paragraph and double the salary is paid for such hours worked (In this case, the employee is still subject to the fines established in article 1002 of the LFT, which range from 50 to 5000 Units of Measurement and Actualization).

In addition to the foregoing, it is important to highlight the importance of ensuring that the workday, as indicated in Article 5 of the LFT, does not fall under the assumption of being considered inhumane because it is notoriously excessive due to the nature of the work.

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