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On 5 January 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of an investigation, file IO-001-2021, for the alleged anti-competitive conduct of horizontal monopolistic practices in the market for integration, installation, maintenance and commercialization of equipment, accessories and spare parts for the use of industrial gases in Mexico.

On 31 December 2021, the Energy Regulatory Commission published in the Mexican Official Gazette, resolution number RES/550/2021, through which it issued the General Administrative Provisions containing the criteria for efficiency, quality, reliability, continuity, safety and sustainability of the National Electric System: Network Code. This New Network Code modifies the technical requirements whose compliance is mandatory for all users of the National Electric System, i.e., the National Energy Control Center, transporters, distributors, power plants, suppliers and, in particular, all load centers connected at medium and high tension, regardless of their consumption levels.

USMCA: The Labor and Employment Market and Rapid Response Labor Mechanisms (December 2, 2021)
In this Quick Chat video, Baker McKenzie’s Labor and Employment lawyers discuss several key aspects of the USMCA Free Trade Agreement, including the freedom of association, the recognition of the right to collective bargaining, including a discussion of workforce unions and employer compliance, the procedure for initiating a complaint under the Rapid Response Labor Mechanism and treaty trade sanctions.

On 16 November 2021 a new Coordination Agreement (CA) over Health Control, executed between the Federal Ministry of Health and the State of Baja California (“Baja”), was published on the Federation’s Official Gazette. This new CA has a particular impact over the medical devices industry operating in Baja, improving greatly the regulatory environment.

On 30 September 2021, the President presented to the House of Representatives a Bill seeking to amend articles 25, 27 and 28 of the Constitution of the United Mexican States, in energy matters. The Bill to amend the Constitution proposes the following: (i) substantial changes in both public policies, and the regulation of the electricity and hydrocarbon industries; (ii) nationalizing the right to the exploration, use, and exploitation of lithium, and, (iii) establishing that no future concessions will be granted.

3 June 2021, the Law for Transparency, Prevention and Combating Improper Practices in Advertising Contracting (“Advertising Law”) was published in the Official Gazette1. The new Advertising Law went into effect on 1 September 2021. The Mexican Competition Authority (COFECE) issued Emergency Regulations, establishing the procedures for filing a complaint, the investigatory process, and ruling for complaints of violations under the new Advertising Law.

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.

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 lawyers discuss the new Federal guidelines based on the stop-light color system for States to follow when issuing regulations during the third wave of COVID-19 in Mexico. We also review changes to the criteria for employees to be considered vulnerable personnel, and share six tips for employers to keep in mind when implementing preventative measures in the workplace.

On 5 August, Legal500 and Baker McKenzie held an employment law roundtable discussing best practices for LATAM employers navigating the new normal. Tatiana Garcés (Colombia), Javiera Medina (Mexico) and Leticia Ribeiro (Trench Rossi Watanabe in Brazil) were joined by general counsels Gabriela Rodríguez (Stryker) and Catalina Robledo (Nissan). Together, the panel shared insights around remote work, hybrid work and managing mental health issues in the workplace.