MEXICO Trends and Developments Contributed by: Regina De la Vega Castillo and Areli Ramírez, De la Vega & Martínez Rojas S.C.
intimidation that affects psychological stability, personality, or dignity; • hostigamiento (abuse of authority within a hierar- chical employment relationship), understood as the exercise of power within a real relationship of sub - ordination through verbal or physical conduct; and • mistreatment, including insults, mockery, humilia - tion, or continuous and persistent ridicule. Importantly, workplace violence is not an isolated event nor limited to the termination of the employ - ment relationship; it may occur at any point during the course of employment. Accordingly, employers are required to establish their joint committees in a timely manner, particularly the Health and Safety Committee, which is expressly empowered under NOM-035 and the Non-Discrimination Protocol to receive, analyse, and follow up on reports or complaints of workplace violence. In practice, it is striking that a significant number of employers in Mexico remain unaware of these obli - gations. This lack of compliance is frequently identi - fied during inspections conducted by the Ministry of Labor and Social Welfare (STPS), where one of the most common violations relates to the implementation and documentation of NOM-035. Labour inspections and occupational diseases Employers must also: • implement procedures, reporting channels, and updated policies addressing workplace violence and discrimination; • disseminate these policies and procedures among personnel; • provide continuous training; • administer periodic assessments; • establish effective reporting mechanisms; and • ensure adequate response and follow-up pro - cesses. The relevance of these obligations has intensified following the reform to the chapter on occupational diseases, which, for the first time, formally recog - nised mental disorders arising from the employment relationship as occupational diseases. In December 2023, the Schedule for the Valuation of Occupational
Diseases was updated to include a specific chapter on mental disorders, including: • anxiety disorders; • non-organic sleep–wake cycle disorders; • stress-related disorders; and • depressive disorders. This regulatory shift requires employers to move away from reactive or superficial approaches to workplace violence, as its consequences now extend beyond the purely labour sphere, potentially triggering exposure under social security, civil liability, and even criminal law, particularly where the conduct may constitute discrimination. Internal investigations as a key tool for risk prevention and mitigation For many years, internal investigations related to workplace violence and discrimination in Mexico were not treated with the seriousness such matters demand. However, following the ratification of interna - tional conventions, the strengthening of the regulatory framework, and increasingly strict enforcement by labour authorities, it is now imperative for companies to adopt timely, structured, and specialised measures to address these behaviours. In this context, the involvement of specialised and independent external third parties in conducting inter - nal investigations into workplace violence and discrim - ination has emerged as a best practice. Such involve - ment enables the issuance of objective, impartial, and strategic reports that not only seek to establish facts, but also to mitigate legal risks, provide sound advice for business decision-making, improve organisational climate, and strengthen a culture of respect, inclusion, and trust within the workplace. Properly conducted internal investigations also foster trust and a sense of belonging among employees, by demonstrating that organisations have genuine mech - anisms to address complaints, prevent retaliation, and sanction misconduct. Judicial criteria and gender perspective A significant development in this area is the judicial precedent entitled “Compensation for Moral Damag -
282 CHAMBERS.COM
Powered by FlippingBook