Introduction
Recent reforms on workplace violence aim to align Mexican legislation with the International Labour Organization (ILO) Convention 190 and strengthen NOM 035. While these reforms represent progress in preventing workplace harassment and discrimination, experts warn of gaps in their implementation.
Background on NOM 035 and Convention 190
In 2019, the NOM was established to identify, analyze, and prevent psychosocial risk factors. In 2022, Mexico ratified Convention 190 and Recommendation 206 on violence and harassment. However, it wasn’t until January 2026 that legislation was enacted regarding workplace violence.
When Mexico ratified Convention 190 with the ILO, it was expected to contribute to eradicating gender-based violence and harassment in the country. Yet, it took four years for legislation to adapt.
Reform Impact on NOM 035
Verónica Hernández Guadarrama, CEO of IDEIB Consulting, acknowledges that the obligation to train employees supports Mexico’s international commitments with both the ILO and other conventions promoting women’s rights.
NOM 035 aims to identify and prevent risky behaviors, as well as take timely action for safe and respectful work environments. Hernández Guadarrama states that this aligns with the training obligations and also supports NOM 025 on labor equality and non-discrimination.
However, she emphasizes that translating the topic into words or policies is insufficient. The real challenge lies in practical implementation, asking how to create genuine prevention and secure work environments for everyone.
Implementation Challenges
Alix Trimmer, founder of Laboral Interseccional (LAIN), points out that NOM 035 “suffers” due to the lack of genuine implementation methods.
Consultants implementing NOM 035 have had to figure out how to implement it, as the legislation does not provide clear guidelines. Trimmer explains that while the law imposes obligations easily met through questionnaires, it fails to specify how to use the information or effectively prevent psychosocial risks.
Similarly, the recent reforms on workplace violence are seen as important but insufficient as tools for conducting training, establishing protocols, or preventing psychosocial risks. A crucial missing element is an effective compliance mechanism.
Trimmer suggests that NOM 035 should be updated and adapted to align with Convention 190, which specifically identifies workplace bullying, harassment, and sexual harassment as psychosocial risks requiring attention.
Inspection Challenges in Ensuring Compliance
Despite the obligation to ensure violence-free workspaces being in effect, and with the Secretaría del Trabajo y Previsión Social (STPS) responsible for verifying compliance through inspections, Trimmer notes the absence of clear parameters.
The problem worsens considering insufficient inspection resources. Inspection divisions within labor secretariats, both federal and local, are understaffed and overburdened with work and responsibility in the labor compliance model.
These inspections review matters affecting workers, norma compliance, safety and hygiene measures, etc. With limited personnel, it’s like a lottery of compliance, as many organizations avoid sanctions only because inspections rarely target them.
Experts agree that the reform advances workplace dignity for women, but there are still matters for the legislative body to address to further align Mexican law with international standards.
Key Questions and Answers
- What are the recent reforms on workplace violence in Mexico? These reforms aim to align Mexican legislation with ILO Convention 190 and strengthen NOM 035, focusing on preventing workplace harassment and discrimination.
- What is NOM 035? NOM 035 is a Mexican regulation established in 2019 to identify, analyze, and prevent psychosocial risk factors in the workplace.
- Why is there a need for reform? Despite the progress, experts highlight gaps in implementing these reforms and ensuring compliance with international standards.
- What challenges do inspections face in ensuring compliance? Inspection divisions are understaffed and overburdened, making it difficult to effectively monitor and enforce compliance with workplace violence regulations.
