Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins. Before starting at Ogletree Deakins, Pietro worked for a number of years as a partner in private practice at a leading law firm in Mexico City in the firm’s Labor, Social Security and Immigration practice group. Previously he worked for a major labor boutique in Mexico City, in which he participated as an advisor and litigator in several matters. In addition, Pietro worked in the legal and government relations department of Ford Motor Company in Mexico. He has successfully combined his professional practice with his teaching activity as a professor of Labor Law at the Escuela Libre de Derecho. He speaks Spanish, English and Italian.
Insights by Pietro Straulino-Rodriguez
Regardless of hierarchy or job position, employees in Mexico are entitled to paid vacation days as a statutory mandatory benefit. Vacation days shall be granted to employees at least pursuant to the minimum statutory terms set forth in Mexico’s Federal Labor Law (FLL). This article highlights the key points of the FLL’s requirements related to the vacation entitlement.
On July 31, 2019, Mexico’s Ministry of Labor and Social Welfare (Secretaria del Trabajo y Previsión Social (STPS)) published in the Official Gazette of the Federation (Diario Oficial de la Federación, or DOF) the protocol for the legitimation of a currently existing collective bargaining agreement (CBA) in compliance with Transitory Article Eleven of the official decree published in the DOF on May 1, 2019. The objective of the legitimation process is to provide certainty to unionized employees, making sure they know the terms of the applicable CBA and their union.
The Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos or CONASAMI) approved, by a majority vote on December 01, 2021, an increase to the daily minimum wage applicable in Mexico (including the corresponding amount applicable in the Free Zone of the North Border (Zona Libre de la Frontera Norte or ZLFN).
Mexico’s Registry of Individuals or Legal Entities That Render Specialized Services or Execute Specialized Works
On May 24, 2021, the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) (STPS) published guidance under the recently amended Mexican Labor Law in the Official Gazette of the Federation clarifying the outsourcing registration requirements for individuals and entities that provide subcontracting services. The amendment generally prohibits employers from subcontracting or outsourcing personnel, but includes carve-outs and exceptions under limited circumstances. The following provides a basic overview of the STPS outsourcing registration guidance.
On November 12, 2020, during a recurring morning press conference, President Andrés Manuel López Obrador issued an amendment proposal to reform various laws with the aim of establishing a new regulation to the outsourcing scheme currently in effect in Mexico.