FEDERAL PLAN SARS-cov2 (COVID-19)

Oscar Conde MedinaManaging Partner, Legem Attorneys at Law, SC

Derived from the pandemic declared by the World Health Organization as consequence of the SARS-CoV2 (COVID-19) virus outbreak as a public health emergency of international interest, during the afternoon of March 24th 2020, the Federal Government of the United Mexican States, through the National Health System, issued a statement establishing the preventive measures that must be implemented for the mitigation and control of health risks that the diseases caused by the SARS-CoV2 (COVID-19) virus imply, consequently decreeing a sanitary contingency, activating Phase 2 – considering the existence of cases of transmission on a community level- and
implementing various social measures of mitigation of infections, including the obligation to temporarily suspend activities that involve the physical concentration, transit or movement of people in all social sectors from March 24 2020 and, to this moment, until April 19, 2020.

Notwithstanding the above, at this moment what the Federal Government pretends to implement based on the Statement, specifically regarding labor matters, is subject to interpretation. However, from the study of said Statement, to this date we may note the following:
1. A sanitary contingency is decreed by the Federal Government and preventive measures for the mitigation and control of the health risks that the diseases caused by the SARS-CoV2 (COVID-19) virus implicate are established.
2. Labor relations in all sectors are partially and temporarily suspended until, to this moment, April 19, 2020. This measure applies exclusively for adults of 65 years and older, pregnant or breastfeeding women, and people at risk of developing serious illness and/or of dying as consequence of such illness, who will be granted with paid leave of absence.
3. It is recommended (but not mandatory) to temporarily suspend non-essential activities in the public, social and private sectors, in the understanding that non-essential activity means that which does not affect the substantial activity of a public, social and private organization, or the rights of its users, by fully complying with the protection of the vulnerable sectors mentioned in the previous point.
4. The companies, businesses, commercial establishments, and all which result necessary to afront the sanitary contingency will continue to work in fulfillment with the Action Guide for Work Centers regarding COVID-191, issued by the Department of Health on March 20th, 2020, and in compliance with the protection of the vulnerable
sectors mentioned in subsection 2.

1 We will provide the Human Resources departments with this document via e-mail.

Contributing Advisors

Juan Jose RicoAttorney, Legem Attorneys at Law, SC