On July 2, 2019, the decree amending the Federal Labor Law (“LFT”) and the Social Security Act (“LSS”) on domestic workers (“Domestic Worker”) was published in the Federal Official Gazette (“DOF”).

The most important aspects of the reform include:

1. A domestic worker is defined as someone who, on a paid basis, performs care, cleaning, assistance or any other activity inherent to the household that does not imply a direct economic benefit for the employer (hereinafter “Employer”).

A domestic worker will not be considered a domestic worker if:

• Do household work only occasionally or sporadically; and
• Provide cleaning, assistance, customer care and other similar services, in hotels, care homes, restaurants, inns, bars, hospitals, sanatoriums, schools, boarding schools and other similar establishments.

2. Three types of Domestic Worker are established:

• Those who work for an Employer and reside at their home.

These workers will have the following additional rights:

• Minimum night rest of 9 consecutive hours, and 3 hours between morning and evening activities. Time that they cannot freely dispose of will be considered overtime;
• Maximum daily working day of 8 hours; and
• Room.
• Those who work for an Employer and do not reside at their home; and
• Those who work for different Employers and do not reside in the home of any of them.

3. The hiring of adolescents under 15 years of age is prohibited.

4. For the hiring of adolescents over 15 years of age and under 18 years of age (“Minors”), the following additional obligations are established for Employers, which will be subject to the supervision of the competent labor authority:

• Request a medical certificate at least twice a year;
• Working hours may not exceed 6 hours a day and 36 hours a week;
• The hiring of Minors who have not completed secondary education is prohibited, unless the Employer is responsible for completing it; and
• In the case of Minors who work for an Employer and reside in their home, it must be ensured that the space where they spend the night is safe.

5. Housework must be formalized by written contract. Both in hiring and during the employment relationship, all types of discrimination are prohibited, as well as any treatment that violates the dignity of Domestic Workers.

6. It is prohibited to request proof of non-pregnancy for the hiring of Domestic Workers. In addition, those who are pregnant cannot be dismissed and, if so, the dismissal will be presumed to constitute discrimination.

7. Employers must provide food to Domestic Workers. These must be of the same quality and quantity as those consumed by the Employer.

8. Wages are allowed to be paid to Domestic Workers by bank transfer or any other legal means, with the worker's consent.

9. Domestic Workers shall be entitled to the following benefits, under the terms of the LFT and the LSS:

• Vacations;
• Vacation bonus;
• Bonus;
• Uninterrupted weekly rest for a day and a half with a salary (preferably on Saturday and Sunday);
• Compulsory rest days with wage;
• If rest days are worked, they must be paid under the terms of the LFT; and
• Mandatory access to social security.

10. Unjustified dismissal of Domestic Workers will be considered those that are explicitly motivated by gender-based violence at work, and for discrimination.

11. Domestic Workers may terminate the employment relationship at any time, but they must give 8 days' notice to the Employer.

12. The Employer may terminate the employment relationship at any time, giving notice to the Domestic Worker 8 days in advance and paying the corresponding compensation.

13. Domestic Workers are included as subjects of compulsory insurance for the purposes of the IMSS.

14. The provisions relating to the formal incorporation of Domestic Workers into the compulsory social security system will begin to take effect once the necessary legal adjustments and reservations are made for the effective recognition of this right, which must be completed no later than March 31, 2021.

In the meantime, the Employer will be obliged to ensure medical care and to cover burial costs in the event of the death of the Domestic Worker.

15. The Transitional Articles make no reference to the date when the rest of the provisions of the Reform will take effect. Therefore, in addition, it must be understood that they will enter into force 3 days after their publication in the DOF, in accordance with the provisions of Article 3 of the Federal Civil Code (that is, as of July 5, 2019).

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