On June 7th, 2024, there was an amendment to the General Law to Prevent, Punish, and Eradicate Crimes in the Field of Human Trafficking and to Protect and Assist Victims of These Crimes (“GLPE“) it was published in the Official Gazette of the Federation. This amendment, among other topics, includes working hours exceeding those stipulated by the Federal Labor Law (“FLL“) as a crime of labor exploitation, punishable by 3 to 10 years in prison and a fine of 5,000 to 50,000 days’ wages.
What is Considered a Legal Working Day and When Could it Constitute the Crime of “Labor Exploitation”?
The FLL establishes that the ordinary working week lasts 48 hours for daytime work, 45 hours for mixed shifts, and 42 hours for nighttime work.
It also establishes parameters for extraordinary working hours when justified by circumstances of such nature. However, the worker is not obligated to work more than 9 hours of overtime per week, and these hours must be paid at twice the regular hourly rate.
In this regard, the FLL establishes that overtime hours exceeding 9 hours per week must be paid at three times the worker’s regular hourly wage, and the worker is not obligated to work these hours.
When is the Crime of “Labor Exploitation” Committed?
From our interpretation of the reform to the GLPE, we consider that the crime of Labor Exploitation is committed in the following cases:
a) When a worker works beyond their ordinary working hours (whether daytime, mixed, or nighttime) and is not paid for the excess hours worked.
b) When a worker regularly works more than 9 hours of overtime per week, even if they receive the corresponding overtime pay. This is because, even with the worker’s consent, they are being deprived of their human right to adequate rest.
How to Avoid Committing the Crime of “Labor Exploitation”?
It is important to ensure that the working hours agreed upon in employment contracts and other labor documents do not reflect an ordinary working day exceeding the maximums for daytime, mixed, or nighttime shifts as applicable.
Additionally, it is important to ensure that when a worker works overtime, they are paid promptly, and the overtime payment is reflected in the corresponding pay slip.
Do not agree to excessive working hours under no circumstances, and when a worker must work more than 9 hours of overtime in a week, there should be a justification for it, and this justification should be documented to submit to the authorities if necessary.
