Implications for employers in Mexico regarding the coronavirus

Hogan Lovells

Derived from recent events worldwide, in the event that the Mexican authorities issue a declaration of health contingency that implies the suspension of labor activities of the companies in Mexico, the employee’s obligation to provide their services and the employer’s obligation to pay salary will be suspended. The employer will have the obligation to pay its employees only the minimum wage for each day that the suspension lasts, not exceeding one month.

The provision of services for women during pregnancy or lactation period and for employees under 18 years old is prohibited for the time that the health contingency lasts. 

Other Employers’ obligations regarding the coronavirus are: (i) provide employees with the prophylactic medicine determined by the competent authority when there is a danger of an epidemic; and (ii) comply with the provisions determined by the competent authority in the event of a health emergency.

In the event that the health contingency declaration is not carried out, it will not be necessary to suspend activities at the work place; however, in the event that an employee catches a contagious disease, the Employer may temporarily suspend the labor relationship without having to pay salary.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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