On January 24, 2024, the “DECREE amending, adding and repealing several provisions of the Federal Labor Law and the Social Security Law, regarding the labor rights of farm workers” was published in the Official Gazette of the Federation. 

The provisions contained therein shall be applicable to farm workers who perform work aimed at obtaining food or primary products through the performance of various agricultural, horticultural, livestock, forestry, aquaculture, poultry, beekeeping or other similar tasks, provided that these are not subjected to any type of industrial process and as long as they are carried out in rural areas.

Among the most relevant points of the aforementioned decree, new obligations are added to the Employers that hire field workers, among which are the following:

• Provide rooms free of charge to workers, their families and dependents.
• To provide an individual or collective property for raising barnyard animals.
• Provide adequate and independent sanitary services for each sex, in sufficient quantity and proportionate to the number of people.
• Provide workers with food.
• To transfer workers to the medical services of the Mexican Social Security Institute and in those places where the Institute does not have facilities, to provide medical assistance free of charge. 
• Promote education among farm workers and their families.
• To provide childcare services for the children of farmworkers.
• Keep a special register of temporary farm workers to record the accumulation of contracted time and exhibit it before the labor authorities when required to do so.
• Submit a copy of the employment contract. 
• In the case of migrant day laborers, they must have life insurance for their transportation from their homes of origin to the work centers and subsequently upon their return.
• When field activities are located outside of towns, the employer shall establish and support schools.
• If the farm worker is hired to reside temporarily at the work center, in a place other than where he/she has his/her usual residence, the employer shall be responsible for the safe and comfortable transportation of the farm worker, his/her family group and the belongings of all of them.
• Train and instruct on the correct use of personal protective equipment when the field worker must perform tasks that are hazardous to his/her health.

In addition, employers are expressly prohibited:

• Establishing or permitting the sale of intoxicating beverages and gambling establishments in the workplace.
• Preventing the entry of merchandise vendors or charging them a fee.
• Prevent workers from raising barnyard animals on the individual or collective premises intended for that purpose, unless it harms crops or any other activity carried out on the workplace premises.
• Using the services of persons under eighteen years of age.
• Forcing or allowing farmworkers to bring their underage sons and daughters to work with them.

In order to comply with the aforementioned obligations, labor inspectors are required to make inspection visits at least once a year and during the production season. 

Failure to comply with protective fieldwork regulations could generate fines for employers of 250 to 5000 UMA, or $27,142.50 to $542,850.00 in 2024.