Mexican Senate endorses rights for domestic employees

With 112 votes in favor, the legislators approved reforms to the Federal Labor and Social Security laws, which establishes better working conditions for a domestic worker.

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Unanimously, the Senate plenary approved reforms to regulate paid domestic work, as well as recognize and guarantee the rights of people engaged in this work as set work time, weekly rest, paid vacations, minimum wage and security coverage social, including maternity protection.

We recommend: This platform seeks to improve the conditions of domestic workers With 112 votes in favor, the legislators approved reforms to the Federal Labor and Social Security laws, which establishes better working conditions for domestic workers.

Image result for Senado avala derechos para empleadas domésticas

When presenting the opinion on behalf of the Labor and Social Welfare Commission, Senator Napoleón Gómez Urrutia commented that the lack of adequate legislation represented an obstacle to design public policies in this matter, which favored the informality condition of this type of employment, “it is urgent to make visible the problems faced by domestic workers and join efforts to dignify their work.”

Meanwhile, the president of the Equality Commission, Martha Lucía Micher pointed out that 96 percent of the workers employed in this activity do so without an employment contract. Meanwhile, only 2.4 percent have access to medical service as a work benefit.

Mayuli Latifa Martínez, on behalf of the First Legislative Studies Committee, said the reform proposes a legal redesign to improve the working conditions of domestic workers and end current special and discriminatory regimes.

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The reform indicates that the work of the household must be fixed by means of a written contract – in accordance with national legislation or collective agreements – that includes at least the name and surname of the employer and the worker of the household; address of the usual workplace; start date of the contract and the specific period of duration.

In addition, you must indicate the type of work to be done; remuneration, its method of calculation and periodicity of payments; work hours; paid annual vacations and daily and weekly rest periods; provision of food and shelter, when appropriate; conditions relating to the termination of the employment relationship, among other aspects.

The employer will be obliged to register with the competent labor authority, the contract that is celebrated. The document will be established without distinction of conditions, as they are migrants who dedicate themselves to this type of work.

It is forbidden to request proof or proof of non-pregnancy for the hiring. It is made clear that a pregnant domestic worker cannot be dismissed since if this is the case, the dismissal will be presumed as discrimination.

Household workers will have vacations, holiday bonus, rest days payment, compulsory access to social security, bonuses, and any other benefit that may be agreed between the parties.

Prohibits the hiring of children under 15 years. Likewise, it specifies that, in the case of older adolescents at that age, the employer must set days that do not exceed six hours a day and 36 hours a week. Also, it avoids the hiring of adolescents older than 15 years who have not finished, at least secondary education.

Meanwhile, the National Minimum Wages Commission will set the salaries to be paid to this type of workers, which in no case may be less than two minimum wages in force.

He mentions that according to the National Institute of Statistics and Geography, in Mexico it is estimated that there are more than 2.2 million people engaged in paid domestic work, of which 90 percent are women.

The president of the Board of the Senate, Marti Batres said that the document will be sent immediately to the Chamber of Deputies so that it can be approved before the end of the regular session.

Source: milenio

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