On June 8, 2024, the reform to the General Law to Prevent, Punish and Eradicate the Crimes of Human Trafficking and for the Protection and Assistance to the Victims of these Crimes (the “Law”) came into effect as published on June 7, 2024, in the Official Gazette of the Federation.
Article 21 of the aforementioned Law provides the crime for labor exploitation and defines it as the direct or indirect unjustifiable benefit, economic or otherwise, obtained in an unlawful manner through the work of others, subjecting the person or persons to practices that violate their dignity. With the reform, a section that states: working hours in excess to those stipulated by Law, is added to the list of said practices.
Whoever commits the crime of Labor Exploitation shall be punished with 3 to 10 years imprisonment, and 5 thousand to 50 thousand days fine. In the event of persons belonging to indigenous and Afro-Mexican peoples and communities, the penalties range from 4 to 12 years of imprisonment and from 7,000 to 70,000 days fine.
Consequences for companies caused by non-compliance with the Law.
It is important to consider that the Reform, in addition to establishing economic penalties, also provides for custodial penalties, and therefore it is essential to keep in mind that the National Code of Criminal Procedures provides in Article 421 that legal entities will be criminally liable for crimes committed in their name, on their behalf, for their benefit or through the means they provide, when it has been determined that there was also a failure to comply with the due control in their organization. The foregoing would translate in criminal liability incurred by their representatives or administrators.
Therefore, we suggest reviewing and, if necessary, amending the internal work regulations, individual employment contracts, and the attendance control implemented in the work center to avoid the consequences described above.
The lawyers of the labor & employment area of our firm remain at your disposal in case you have any doubts or comments regarding the content of this newsletter.
SINCERELY
Mauel Rodríguez Díaz
manuel.rodriguez@diazigareda.com
Alejandro Cuevas Carrillo
alejandro.cuevas@diazigareda.com
César Iván Álvarez Castro
cesar.alvarez@diazigareda.com
