Introduction to SIQAL
On September 4, the Mexican Secretariat of Labor and Social Prevision (STPS) launched the Digital Complaint Platform for potential labor violations, now known as SIQAL. This platform allows workers or any third parties to report potential labor violations, accidents, or work-related risks online, ensuring confidentiality.
Understanding SIQAL’s Impact
With SIQAL, the STPS can activate its review powers, potentially leading to fines of up to 50,000 UMAS. Although the labor inspection has always been a part of STPS’s responsibilities, this new tool might result in more frequent company visits due to its ease of use.
- Historically, larger companies with more employees have been the most inspected.
- However, SIQAL might lead to more regular visits for small and medium-sized enterprises (SMEs).
As technology advances and the work world digitalizes, it’s crucial to adopt practices that allow labor authorities to identify and address potential misconduct. SMEs must ensure proper SIQAL usage, avoiding baseless denunciations that could harm their reputation.
The Urgency of Preventive Measures
Mexico lacks a preventive legal culture, especially among SMEs. When legal issues arise, law firms often intervene too late to mitigate problems due to the absence of preventive mechanisms.
With SIQAL, companies must prioritize internal preventive measures. Labor inspections will become a reality for businesses that have never been visited by labor authorities.
The scarcity of preventive culture must grow rapidly, as financial damage from non-compliance can threaten a company’s existence. Although some businesses may believe, “nothing happens until it does,” SIQAL’s ease of activation makes this mindset insufficient.
Ideally, companies should constantly focus on risk prevention. However, Mexico’s labor regulations and other legal aspects are complex, making it challenging for businesses to stay updated on constitutional, federal labor law, and Norma Oficial Mexicana (NOM) obligations.
The takeaway is that it’s time for companies to view compliance as a strategic priority, not an afterthought. As risk propensity increases and prevention becomes crucial, businesses must adapt to this new reality.
Key Questions and Answers
- What is SIQAL? SIQAL is a digital complaint platform launched by Mexico’s STPS for reporting potential labor violations, accidents, or work-related risks.
- Who can use SIQAL? Workers and any third parties can utilize the platform to report concerns.
- What are the potential consequences of misuse? Baseless denunciations could harm a company’s reputation, leading to unnecessary inspections and fines.
- Why is compliance important for businesses in Mexico? With increasing labor regulations and the difficulty of staying updated, companies must prioritize compliance to avoid financial risks and ensure long-term success.
