Introduction to the Reform and its Key Figures
The Mexican Senate Labor Committee has unanimously approved a reform to the Ley Federal del Trabajo (LFT) that incorporates workplace violence. This reform acknowledges various forms of violence, including cyberbullying, and sets new obligations for employers. The reform aims to recognize workplace violence in the LFT as “a collection of unacceptable behaviors and practices exercised by individuals with a labor relationship, regardless of their hierarchical position. It includes acts or omissions that abuse power and harm the victim’s self-esteem, health, integrity, freedom, and security, hindering their personal or professional development.”
Types of Workplace Violence Recognized in the Reform
Besides sexual harassment and bullying, which are already addressed in the LFT, the reform includes labor harassment, cyberbullying, and discrimination at work. The reform categorizes workplace violence into five types:
- Economic: Limitations aimed at controlling an individual’s income or paying lower wages for equal work.
- Physical: Non-accidental damage caused by physical force or weapons, regardless of whether injuries are inflicted.
- Patrimonial: Any alteration, theft, destruction, retention, or misappropriation of personal objects, documents, property, and monetary rights.
- Psychological: Persistent and systematic intimidation.
- Sexual: Actions that degrade or harm a person’s body or sexuality, including unwanted sexual advances in exchange for job benefits.
Rights to Integral Damage Reparation
The legislative modification also acknowledges individuals’ rights to integral damage reparation, which includes restitution, rehabilitation, compensation, satisfaction, and non-recurrence guarantees.
Employers will not only be obligated to address cases of workplace violence but also responsible for sanctioning perpetrators and repairing damage to the victim.
Next Steps: Voting in the Legislative Studies Commission
The reformed LFT must be voted on by the Comisión de Estudios Legislativos to progress to the Senate floor.
Armonización with Convenio 190: The Pending Task
Convenio 190 on workplace violence has been in effect for over two years in Mexico, which was the twelfth economy to ratify the International Labour Organization instrument.
Despite Mexico’s commitment to harmonize its legislation with Convenio 190, the process has stalled. In March 2022, the Senate approved a package of reforms to align Mexico’s legal framework with Convenio 190, but it remains frozen in the Chamber of Deputies.
Since Convenio 190’s ratification, nearly 140 proposals on workplace violence have been presented in the Congress of the Union, according to an Intersecta, Fundación Avina e Iniciativa Arropa report. However, none have succeeded.
Key Questions and Answers
- What is the main focus of the approved reform? The reform aims to recognize and address various forms of workplace violence, including cyberbullying, by incorporating them into the LFT.
- What types of workplace violence are now acknowledged? The reform categorizes workplace violence into five types: economic, physical, patrimonial, psychological, and sexual.
- What new rights do workers gain from this reform? Workers now have the right to integral damage reparation, which includes restitution, rehabilitation, compensation, satisfaction, and non-recurrence guarantees.
- Why is harmonization with Convenio 190 important? Harmonizing Mexican legislation with Convenio 190 ensures that the country’s laws align with international standards for preventing and addressing workplace violence.
- What challenges remain in implementing these changes? Despite the Senate’s approval, the reform must pass the Chamber of Deputies. Additionally, Mexico has yet to fully harmonize its legislation with Convenio 190, as numerous proposals on workplace violence have not succeeded.
