Introduction
Workplace violence, often masked as harmless pranks among colleagues, can have fatal consequences. The recent incident at the HEB branch in Coahuila sheds light on the severity of harassment and intimidation, as well as the lack of safety protocols in workplaces, particularly when specialized services are subcontracted.
The Tragic Case of Carlos Gurrola Arguijo
Carlos Gurrola Arguijo tragically lost his life on September 18, 2025, due to poisoning after his coworkers allegedly added degreaser to his drink as a “prank,” according to statements from his family.
The following day, the store issued a statement highlighting two key points: Gurrola was a direct employee of Multiservicios Rocasa, a subcontracted cleaning services provider; and HEB pledged full support to clarify the case and “disassociate responsibilities.”
Who is Responsible: The Employer or the Contractor?
The Mexican Federal Labor Law (LFT) specifies in Article 14 that subcontractors and contractors have joint responsibility regarding work obligations, meaning both parties must ensure the dignified employment of workers.
Diego García Saucedo, partner and director of García Velázquez Abogados, explains that the HEB case serves as a reminder that contractors cannot evade this responsibility.
García emphasizes that employers are obligated not only to provide safe and dignified workspaces but also to ensure their providers adhere to best practices and fulfill regulatory obligations. This way, in the event of workplace violence, immediate attention can be provided.
García points out that Mexican legislation mandates all workplaces to apply NOM 035, which enables the prevention of psychosocial risks through the detection of violence cases via monitoring and assessments that track and address these issues.
In the context of subcontracted specialized services, García explains that the employer must inform the service provider about any incidents so they can take action, such as relocating the worker and providing necessary support. Meanwhile, the client should apply their protocol to eradicate violence within the workplace.
Termination of Employment
Workplace violence is grounds for justified termination, according to Article 47 of the law. If there’s evidence that employees are engaging in harassment, employers can even terminate them, provided there are proofs of such incidents (e.g., administrative acts and videos).
Penalties
If the entity that hired the service provider fails to address complaints or follow the attention protocol, they will face consequences similar to those imposed on the service provider. However, if it’s proven that they followed up, notified the subcontractor, conducted investigations, and established agreements, responsibilities can be disassociated.
Should a violence case occur within specialized services that remains unaddressed by the client, both the service provider and the entity that hired them will be penalized, according to García Saucedo.
The fine can reach up to 5,000 UMAs, equivalent to approximately 565,700 pesos for each responsible party.
Prank or Underlying Violence?
“Workplace violence begins to take shape once it causes psychological or physical harm,” stresses Diego García Saucedo, who acknowledges that some acts of violence are disguised as pranks.
García explains that when an action or comment causes discomfort, leading to emotional, psychological, economic, or physical impact, the situation should be reported to Human Resources or labor authorities.
In such cases, he emphasizes that it’s the companies’ responsibility to comply with norms to prevent psychosocial risks, train their Human Resources departments to identify and gather such cases, and “together with the legal or labor relations department, take action,” not just to avoid fines and sanctions but also tragedies.
Key Questions and Answers
- Who is responsible for addressing workplace violence in subcontracted services? Both the employer and contractor share joint responsibility, as per the Mexican Federal Labor Law.
- What should employers do to prevent workplace violence? Employers must provide safe workspaces, ensure their providers adhere to best practices, and comply with regulatory obligations. They should also apply NOM 035 to prevent psychosocial risks.
- What are the consequences of failing to address workplace violence? Penalties can reach up to 5,000 UMAs (approximately 565,700 pesos) for each responsible party.
- Can workplace violence lead to termination of employment? Yes, according to Article 47 of the Mexican Federal Labor Law, workplace violence can be grounds for justified termination if there’s evidence.
