On June 12th, 2015, a resolution amending some provisions of the Federal Labor Law ("LFT" for its acronym in Spanish) regarding the work of minors was published in the Federal Official Gazette ("DOF" for its acronym in Spanish).
This resolution increases to 15 years' old the minimum age required in Mexico in order to be legally able to work, homologating in this way the provisions of the LFT with the Mexican Constitution, which was already amended in such regard on June 2014.
The special provisions for the work of minors are now applicable to workers up to 18 years' old. In that order of ideas, one of the most relevant amendments is the prohibition to work overtime, on Sundays and mandatory holidays, as well as after 10:00 PM, for minors under 18.
Likewise, the work of minors under 18 years is forbidden, even within their family circle, in any kind of activity that may endanger their health, safety or morality, or affects the exercise of their rights, and with such, their integral development.
In the event that minors under 18 years perform any productive activity for self-consumption under the direction of their relatives within the family circle, the latter will be obliged to respect and protect the human rights of the minors and offer their support and the necessary facilities to help them conclude, at least, the obligatory basic education.
Irrespective from the above, workers over 15 and under 18 years' old shall obtain a medical certificate that demonstrates their fitness for work, as well as undergo the medical examinations periodically required by the corresponding labor authorities, since without such requirements no employer will be able to hire them.
Employers that hire minors under 18 years' old are obliged to implement a special registry in which they shall indicate the full name, date of birth or age of the minors, the type of work that they perform, their work schedule, salary and other general work conditions, including the training that they have received. Such registry shall be available for the labor authorities when so required.
Finally, workers over 15 years' old can now be members of any union and act as board members. Moreover, minors under 18 years' old will enjoy an annual paid vacation period of at least 18 days.
This resolution became effective the next day following its publication in the DOF.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
