This Tuesday, march 31, the Official journal of the Federation (DOF) published the measures established by the Secretariat of Health (SSa) to combat the coronavirus in Mexico. This publication includes the work expected of the government, society and business in the country. At the same time, it gives legal certainty to the impact of collateral that may result from the presence of the COVID-19.
The importance of the understanding of the strategy implemented by the federal government is of paramount importance because, in the first instance, what you are looking for is to flatten the curve epidemic in the nationwhile safeguarding the health of mexicans. In the second place, can help to prevent sanctions for disregarding these rules.
Recently, Marcelo Ebrard Casaubón, secretary Foreign Affairs, declared the health emergency in Mexico. Puntualmente, the use of the term “health emergency” and not “sanitary contingency” has different interpretations in matters of labor and economic.
This could not be clarified on Monday, march 30. However, it is important to recover the words of the chancellor who said that he will implement “unique actions to address the health emergency by reason of force majeure”. This means that according to Articles 42 bis, 427, section VII, and 429, section IV of the Federal Labor law, the suspension of work will not produce the end of the contractual relationship nor a remuneration other than the employee.
This before the declaration of official temporary suspension of work is not essential to the 30 of march to 30 of April. She also said that is not the same as the end of this period that the normalization of the economic activitiesas of this second, it is expected to be planned, layered and gradualtaking into account the priority needs that arise according to the specific context of Mexico at that time.
The variables to take into account for the reinstatement work provide for the health and predisposition physical workers. In this sense, it should be noted that the vulnerable populations will be the last to be exposed to the COVID-19 in the country. This means that you consider factors such as age, chronic diseases, level of exposure of the worker to perform their duties and the progress of the disease in the republic.
Once bounded this, in the same publication it was pointed out what is meant with essential activities, taking by excluding everything that is not mentioned in this item, set to automatic as an activity not essential.
According to what is specified by the SSa and the Secretariat of Labor and Social welfare (STPS), the essential activities for the country are divided into five headings particular.
1.- The activities to meet the emergency (doctors, paramedics, services, holistic health, supply of medicines, pharmaceutical manufacture, medical equipment, health technology, sanitation, etc.).
2.- Public safety, sovereignty and national defence, administration and enforcement of justice and the legislative functions federal and local.
3.- Key sectors of the economy (financial, fundraising, energy, food, self-service stores and markets, childcare, private security, telecommunications, media and funeral services).
4.- Social programs of the government.
5.- Everything related to the conservation and repair of the infrastructure of basic services (drinking water, electrical energy, gas, etc.).
All providers of services that do not fall in this categories are regarded as non-essential and in the case that they continue in productive activity will be disciplined according to the rules laid down by the secretaries of Labor and of Health, by means of different bodies, such as the Attorney General’s office of Consumer (Profeco), the Commission or the Bank.
The severity of the sanctions will be varied according to the level of exposure in which they have to their employees. In the same way, the injustices committed against the workers that affect their income will be persecuted.