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Ma. Rosario Lombera González

Maria del Rosario Lombera-González is a partner and member of Baker McKenzie's Employment Practice Group in Mexico City. She was a member of the Mexican Commission of Employers before the International Labour Organization at annual conferences in the Commissions of Social Security and Globalization and Employment, and has participated in several meetings of seasoned practitioners in the field of social security. Rosario joined Baker McKenzie Abogados in 1985 and became a partner in 2005.

On 7 June 2024, the Official Gazette of the Federation published changes to Social Security Law. The new digital “IMSS Mailbox” is mandatory for employers and will be the exclusive means for communicating with the Institute. The IMSS will issue general rules for the operation of the IMSS Mailbox within 60 days. Failing to register may mean forfeiting the opportunity to challenge adverse resolutions.

Inclusion and diversity are key factors today. As gender, racial, and ethnicity pay gaps have been slow to narrow, governments in Latin America have introduced more requirements to further reduce these differences.
In this quick overview, the Employment & Compensation group presents recent trends in pay equity in Latin America, highlighting critical issues to consider for your day-to-day decision-making.

As the constant changes in the region can affect companies’ operations, for effective decision making, it is vital to have updated information about the employment landscape in each of the jurisdictions.
In this quick overview, the Employment & Compensation group presents the main recent regulatory developments in Latin America, highlighting critical issues to consider.

Artificial intelligence (AI) continues to transform the workplace. Much like in countries across the globe, the benefits of new AI technology are gaining traction in Latin America. However, employers should be aware of its risks, particularly in our regions’ context

In this Quick Chat video, our Labor and Employment and Tax lawyers discuss some of the most frequently asked questions regarding the Subcontracting Reform’s 2022 Inspection Program, through which authorities from the Ministries of Labor, Social Security and Tax plan to ensure that companies providing and contracting services comply with the regulations of the Subcontracting regime.

What’s changed?
On 15 July 2022, the Ministry of Labor and Social Welfare published the Draft from Official Mexican Standard called PROY-NOM-037-STPS-2022 regarding health and safety standards for telework, understood as the:
“way of subordinate labor organization consisting of the performance of paid activities at different places from original workplace for which the physical presence of teleworker is not necessary required in it, using information and communication technologies contact and control between the teleworker and the employer.”
The standard will be applied throughout the Mexican Republic to employers and work centers with employees who telework for more than 40% of their weekly working hours.

Burnout in the workplace has become more widely recognized throughout the region. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees, to ensure employee retention and the long-term viability of the business.
Per a study recently developed by Gallup, 43% of the world’s workers are experiencing daily stress and are, therefore, at risk of developing burnout. However, it was only recently that the World Health Organization included it as an occupational disease, which means that companies must be even more prepared to address and manage burnout cases properly. Lack of policies and protocols may aggravate risks for lack of proper employee support. Furthermore, many Latin American countries have undergone complex legal changes, which in many cases resulted in new regulations to protect employees in these situations.

In this report, we take a closer look at Latin America’s I&D landscape through the eyes of our local experts. While legal frameworks aimed at addressing inequality in the workplace have been slow to evolve, organizations in LATAM are getting ahead of lawmakers, implementing more evolved I&D strategies as they seek to respond to stakeholder and shareholder demand and to attract the next generation of workers

On 13 April 2022, an agreement issued by Technical Council of the Mexican Social Security Institute was published in the Official Gazette of the Federation. Through the agreement, the Council approved the General Guidelines for compliance with the obligation established in the third paragraph of Article 15 A of the Social Security Law. The Guidelines regulate the presentation of information regarding providers of Specialized Services through the Information Platform for Specialized Services or Works Contracts.

While the pandemic has disrupted business operations across the globe, Latin America is emerging as a promising destination and many companies are setting their sights on the region. More and more, companies are keen to understand what they need to know when expanding in Latin America from an employment perspective and how obligations and risk vary from jurisdiction to jurisdiction.