Reform of the Federal Labor Law and the Social Security Law on labor rights of agricultural workers

Executive Summary:

• On January 24, 2024, a decree was published amending, adding to, and repealing various provisions of the Federal Labor Law and the Social Security Law regarding the labor rights of agricultural workers.
• The changes, which will come into effect on January 25, 2024, recognize the different ways in which farm workers can be hired and impose various obligations on employers.
• In order to ensure compliance with the obligations by employers, Labour Inspectors are given the power and duty to carry out inspection visits at least once a year and during the production season.

On January 24, 2024, the decree amending, adding and repealing various provisions of the Federal Labor Law and the Social Security Law regarding the labor rights of agricultural workers was published in the Official Gazette of the Federation.

This reform establishes measures to guarantee the rights of agricultural workers. 

The changes, which will come into effect on January 25, 2024, recognize the different modalities by which farm workers can be hired: permanent or temporary - for a job, a specific period of time or a season -, establishing that all will have the right to social security; in addition, it is established that temporary workers who work continuously for more than twenty-seven weeks will be presumed to be permanent.

Hiring in any form must be formalized by means of a written contract, detailing the working conditions and the mechanisms to inform farm workers about the labor authorities to which they can turn when they consider that their rights have been undermined. The salary will be set by the National Commission on Minimum Wages, without this preventing the parties from agreeing on a remuneration higher than the minimum wage.

Under this tenor, employers must now keep a special register of temporary farm workers to record the accumulation of contracted time, which will be used to calculate the proportional part of vacations, vacation bonus, Christmas bonus and any other benefit that corresponds to them at the end of the work, a specific time or season.

Additionally, various obligations were imposed on employers, including:

• Provide workers with accommodation that meets the minimum construction, safety and hygiene requirements. In all cases, the rooms must have a solid floor, drinking water, bathrooms, showers, sinks and dining rooms.
• Provide healthy, sufficient and varied food; water suitable for human consumption and use, in sufficient quantities; and adequate sanitation services.
• Transfer farm workers to the medical services of the Mexican Social Security Institute. In those places where the Institute does not have facilities, it must provide free medical assistance.
• Provide childcare services to the children of farm workers for the entire duration of the working day, regardless of the hiring scheme.
• Guarantee agricultural workers equal access to the training or certification schemes for work skills that it implements.
• Respect the pre- and postnatal breaks of pregnant workers, who must have job stability during pregnancy and until the end of the postpartum period. It should be noted that temporary farm workers who are pregnant during the time of effective service provision have the right to the benefits corresponding to the Sickness and Maternity Insurance, related to medical and hospital services.

In relation to the above, in order to ensure compliance with the obligations by employers, Labor Inspectors are given the power and duty to carry out inspection visits at least once a year and during the production season, establishing potential fines for employers of 250 to 2,500 times the Unit of Measurement and Update for non-compliance with the corresponding standards. This fine can be applied for each affected field worker. 

In short, this reform seeks to strengthen the labor rights of agricultural workers, sanctioning those who fail to comply with the provisions, ensuring fair, safe and healthy conditions.

Below is the link to the official publication of the reform in the DOF: https://www.dof.gob.mx/nota_detalle.php?codigo=5715043&fecha=24/01/2024#gsc.tab=0