On December 16, 2024, the “DECREE amending and adding various provisions of the Federal Labor Law and the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution, regarding the eradication of the gender wage gap” was published in the Official Gazette of the Federation, to read as follows:
Article 86.- Equal work, performed in the same position, workday and conditions of efficiency, sahll correspond to equal salary.
Article 86.- Equal pay shall correspond to equal work, performed in equal positions, working hours and efficiency conditions; in compliance with the State’s obligations to reduce the gender pay gap, actions shall be promoted to eradicate unequal remuneration practices in accordance with the provisions of the General Law for Equality between Women and Men.
The intention of amending the article is to seek to guarantee equal opportunities and treatment between women and men, avoiding acts of discrimination based on gender; seeking that the salary remuneration be paid by employers in an objective manner, taking into consideration the position, working day and efficiency conditions, so that equal work corresponds to equal salary, and in this way, respecting the provisions of the General Law for Equality between Women and Men.
In addition to the above, a second paragraph was also added to Article 28 of the Federal Law for State Employees, determining that in the event of adoption, employees will be entitled to paternal and maternal leave, and it is important to note that this provision is only applicable to public service employees.
In this context, the main purpose of the reform to both laws is to protect and respect the fundamental right to equality recognized in Article 4 of the Political Constitution of the United Mexican States.
Therefore, our recommendation is that, in their organization charts and salary tabulators, the aforementioned regulations should be respected in order to maintain gender equality and reduce the wage gap between women and men, in addition to the fact that non-compliance with these provisions may result in sanctions for employers for violations of the rules protecting equal pay.
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,