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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.

An Employment & Compensation Practice and Healthcare & Life Sciences Industry Initiative
With major vaccine developments in Latin America, including kick-offs for vaccine campaigns, employers should consider whether a vaccination policy is right for their workplace, keeping in mind that such policies implicate a broad range of employment laws and regulations, and that many of these vary from country to country.

In this Quick Chat video, Baker McKenzie’s Labor and Employment and Tax lawyers analyze the impact the Subcontracting Reform will have on companies operating in Mexico, and provide tips on navigating the employment considerations surrounding this issue of outsourcing and subcontracting personnel.

LATAM has also been hit hard by COVID-19 and in late December 2020 certain countries started administering the first doses of vaccines. The news that a COVID-vaccine is finally becoming a reality presents organizations with the possibility of returning to business as normal.

The Mexican Institute of Social Security (IMSS) recently issued a resolution authorizing a strategy to determine whether certain serious Covid-19 cases qualify as an occupational illness. The strategy is effective until the end of the health emergency declared by the General Health Council.

The resolution could have serious implications for companies because deaths or temporary disabilities derived from Covid-19 and classified as a professional risk, or permanent partial or total disabilities, will affect the accident rate in the company. This affects, and could increase, an employer’s fees in this area of insurance.

The government will deploy a training program for IMSS’ medical personnel. Training will be provided based on the guidelines for the proactive qualification of professional risks due to Covid-19 published by IMSS on 31 December 2020.

On 12 November 2020, the President of Mexico, Andrés Manuel Lopez Obrador, submitted a draft bill to Congress that would prohibit the subcontracting of personnel and regulate the performance of specialized services and works. The draft bill, if passed, would reform the Federal Labor Law (FLL), the Social Security Law, the Law of the Institute of the National Workers’ Housing Fund (INFONAVIT), the Federal Fiscal Code, the Income Tax Law and the Value Added Tax Law.

The COVID-19 pandemic has accelerated the need to reshape employment models and more companies are examining extended remote work policies to provide flexibility for the benefit of both people and organizations.

The regional Employment & Compensation team is pleased to present the Latin America Remote Working Guide considering that organizations are in favor of remote working models and governments are responding to this increased trend.

Our aim is to answer some of the most pressing questions and provide you with the most up to date information on changing laws and regulations across 7 jurisdictions in Latin America.

The high level guidance in this document is not intended to be comprehensive legal advice.

Our Latin America Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with some of the most pressing issues employers are currently faced with in light of the global Coronavirus (COVID-19) outbreak. Use this guide to stay informed and take action in your…