EconomyFinancialMy company does not comply with all health measures,...

My company does not comply with all health measures, what can I do?

Companies have had to adapt to new work schemes, from the total home office to hybrid formulas, throughout these two years of the pandemic. For those who must return to the office, the strategy includes a series of technical guidelines that companies of all sizes must implement to avoid contagion by COVID-19, amid the escalation of the omicron variant, which between January 10 and 17 added 260,027 new cases with record registration days, above 47,000.

They must even certify the measures they have taken before the health authorities, but even when there are surprise surveillance visits, the best inspectors will always be the workers.

In the event that a company does not fully comply with the sanitary measures indicated in the Official Gazette of the Federation, employees can raise their hands and file a complaint with the Ministry of Labor and Social Welfare (STPS), a process that is totally anonymous. “These specific measures are not contained in the Federal Labor Law (LFT), but from the moment they were established they already become an obligation of the employer,” says Mauricio Sosa, professor in the Law degree at the Universidad del Mexico’s valley.

The worker files the complaint and later the local or federal authorities carry out the corresponding inspection at the labor source, in order to hold the company responsible. “An inspector goes to review the working conditions, interviews are made with the workers and a record is drawn up to determine whether or not to apply a sanction,” says Ricardo de Buen, a labor lawyer.

If the inspectors detect irregularities, the employer is given a period of 24 hours to make corrections, but if they are more serious, fines ranging from 50 to 500 UMAs (86.88 Mexican pesos) per worker and even closure of the property can be applied.

Companies that do not have health protection measures in full or that want to restart activities before the risk traffic light allows them cannot force their collaborators to attend the workplace. Nor can they do so with workers who are among the most vulnerable groups of contagion, such as the elderly, pregnant women or patients with diabetes or hypertension.

The responsibility lies with both parties.

Companies have the obligation to offer a totally safe environment for employees to carry out their work, as well as training and information in this regard. But it is up to each person to follow these recommendations and only in serious cases, ignoring the measures would be cause for termination of the employment contract, as mentioned in the Federal Labor Law.

Luis Ignacio López Rodríguez, a labor lawyer, assures that since it is a highly contagious and unprecedented virus, a person cannot refuse to follow the basic rules, since they are measures that are applied to the group of workers in order to maintain a control and prevent infection.

Article 47 section XII indicates that the refusal of the worker to adopt the preventive measures or the indicated procedures that avoid accidents or illnesses is cause for termination of the employment relationship.

“Article 134 section X indicates that the worker must submit to internal medical measures or by regulations in force in the company to verify that they do not suffer from any work-related disability or illness, contagious or incurable. COVID-19 is understood as a disease contagious,” says López Rodríguez.

The specialists emphasize that these sanctions apply only if the company fully complies with the sanitary measures and activities are resumed based on the traffic light established by the authorities.

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