LABOR EXPLOITATION

On June 7, 2024, the “DECREE amending and adding various provisions to the General Law to Prevent, Punish and Eradicate Crimes in the Matter of Trafficking in Persons” was published in the Official Gazette of the Federation, whereby section IV was added to article 21 of the aforementioned law, which now reads as follows:

“Whoever exploits one or more persons for labor exploitation shall be punished with 3 to 10 years of imprisonment and a fine of 5,000 to 50,000 days, and whoever exploits one or more persons for labor exploitation shall be punished with 3 to 10 years of imprisonment.

Labor exploitation exists when a person obtains, directly or indirectly, an unjustifiable benefit, economic or otherwise, in an unlawful manner, through the work of others, subjecting the person to practices that violate his or her dignity, such as:

Dangerous or unhealthy conditions, without the necessary protections according to labor legislation or existing standards for the development of an activity or industry;
Existence of a manifest disproportion between the amount of work performed and the payment made for it, or
Salary below the legally established.
Working hours in excess of those stipulated by law.
In the case of persons belonging to indigenous and Afro-Mexican peoples and communities, the penalties will be from 4 to 12 years of imprisonment and from 7,000 to 70,000 days of fines.

In this sense, it must be considered that article 66 of the Federal Labor Law establishes that the workday may be extended due to extraordinary circumstances, without exceeding three hours a day or three times a week, which is why if the established limit is exceeded, section IV of the aforementioned article could be applicable, and as a consequence, the crime and the fine that are contemplated for these assumptions.

In view of the above, we suggest that you pay attention to the maximum limits established by labor legislation for day, mixed and night shifts, as well as for overtime shifts, verifying that you do not incur in excesses that could compromise the integrity of workers and the compliance of your organization.

We hope you find this information useful, and we remain at your disposal for any questions or comments you may have in this regard.

Sincerely yours,

ILC Integral Legal Consulting, S.C.