Legal update on the Administrative Rulings Issued by the Supreme Court of Justice of the Nation (“SCJN”), the Federal Judiciary’s Council (“CFJ”) and the Council of The Judiciary of Mexico City Acting En Banc, Related To The Suspension Of Jurisdictional Activities.
As a result of the global and social health emergency from the COVID-19’s pandemic, the Federation’s Judicial Power and the Superior Tribunals of Justice in some States (including Mexico City) have decided to suspend activities as of yesterday, March 18th, 2020, resuming them until April 20th 2020. This means that in both civil and commercial procedures no terms will run, but for constitutional terms foreseen for criminal and family matters that are of extreme importance.
Actions and recommendations on labor and employment practice in response to Coronavirus (COVID-19) pandemic in Mexico
In order to understand the implications of the Coronavirus pandemic (COVID-19) our Labor and Employment experts share key points that employers should consider following the outbreak:
What obligations do employers have due to the declaration of the COVID-19 pandemic? What would happen if the Ministry of Health declared a health emergency? What would happen if the declaration of the health emergency also ordered the suspension of activities? What preventive measures should be taken in the workplace? What should an employee with COVID-19 do?
KEY AMENDMENTS TO THE UNITED STATES, MEXICO AND CANADA AGREEMENT (T-MEC) ACHIEVED IN THE NEGOTIATION OF THE AMENDING PROTOCOL OF THE T-MEC
This past December 13th, the Mexican Senate approved the Amending Protocol to the United States, Mexico and Canada Agreement (“T-MEC” and jointly, the “Protocol”). Through the Protocol, certain amendments were made to the T-MEC, primarily with respect to the following topics:
On December 17, 2019, the Federal Government announced the increase on the minimum wages for next year.
The Minimum Wage Commission determined that the increase on the minimum wage will be of 5% as a real salary increase, plus an increase of $14.67 Mexican Pesos as a “Independent Recovery Figure” designed to improve the minimum wage in Mexico.
The Superior Chamber of the Tax Court (the “Tax Court”) recently ruled that advertisement expenses for trademarks are not deductible for taxpayers that do not own the publicized trademarks and that only have the use of such trademark by a non-exclusive license agreement. The rationale of the Tax Court was that publicity or advertisement expenses aim to bolster the value of a trademark owned by the licensor and not the licensee. Therefore, the licensor is the one who should incur in publicity expenses of its brand and not the licensee who does not own it. Consequently, if a licensee incurs in such expenses, they would not be strictly indispensable and therefore not deductible under the income tax law as they are not directed for promoting a brand of its property.