Understanding the Impact of Unusual Rainfall on Employment
Unseasonal rains in Mexico City have led to flooding, severely impacting commuters’ ability to reach their workplaces. The Capital’s Labor Secretary has urged employers to consider home office as a viable option during such circumstances.
Alfredo’s Experience: A Case Study
Alfredo spent over four hours commuting, despite taking all precautions. He failed to reach his job on time due to the unforeseen flooding situation. Can an employer penalize employees for circumstances beyond their control, such as extreme weather events?
Legal Perspective: Rights of Workers in Extraordinary Circumstances
Diego García Saucedo, a partner and director at García Velázquez Abogados, clarifies that a single late arrival generally cannot lead to termination. According to Article 47, fraction X of the Mexican Labor Law, an employee can accumulate a maximum of four tardiness instances within a 30-day period before any disciplinary action can be taken.
However, García Saucedo emphasizes that the company’s internal policy plays a crucial role. For any employer to impose disciplinary sanctions, there must be a regulation in place. This could include stipulations on acceptable tardiness, such as a grace period after the start time.
He further explains that if an employer claims employees should adjust their routes during flooding, the company must have established guidelines for such situations. If no clear regulations exist, employees cannot be penalized for tardiness due to unforeseen circumstances.
Inundations as Force Majeure Events
If the workplace itself is affected by flooding, these events are considered force majeure and should not impact employment relationships. Workers must be paid normally during such periods.
For more severe damage, lasting more than a few days, García Saucedo recommends negotiating modified work conditions with the employer.
Notifying Employers: The First Step
Manuel Fuentes Muñiz, a labor law specialist, notes that the Mexican Federal Labor Law does not explicitly address situations related to natural phenomena. However, he suggests that workers can claim force majeure as a valid reason.
Fuentes Muñiz advises workers to inform their employers about such extraordinary situations, either during or after the event, so that employers can consider this as a justified absence.
Employers have the discretion to accept or reject such claims, deciding whether tardiness will be excused or counted as a disciplinary offense. Workers must prove that the delay was unavoidable due to circumstances outside their control.
Home Office as a Viable Alternative During Floods
The Capital’s Labor Secretary encourages understanding and flexibility from employers regarding the challenges posed by unusual rainfall. They recommend allowing employees to work from home when commuting becomes difficult.
As climate change continues to cause extraordinary weather events, workers should inform their employers if commuting becomes challenging due to flooding.
Preparing for Future Climate-Related Challenges
According to Mexico’s National Water Commission (CONAGUA), the tropical cyclone season of 2025 began on May 15, with predictions of 8-9 tropical storms, at least 4 Category 1 or 2 hurricanes, and up to 6 Category 4 or 5 hurricanes.
Key Questions and Answers
- Can an employer penalize employees for tardiness caused by flooding? Generally, no. Article 47, fraction X of the Mexican Labor Law stipulates that four tardiness instances within a 30-day period are required before disciplinary action can be taken.
- What if there are no clear regulations regarding tardiness? In the absence of established guidelines, employers cannot penalize employees for tardiness resulting from unforeseen circumstances like flooding.
- Are flooding events considered force majeure? Yes. When workplaces are affected by flooding, these events fall under force majeure, and normal payment should continue.
- How can workers communicate the impact of flooding to their employers? Workers should inform their employers about extraordinary situations, either during or after the event, so that employers can consider this as a justified absence.
- What should employees do if commuting becomes challenging due to flooding? Workers should inform their employers about the difficulties and explore alternatives, such as working from home if permitted by the company.
