Government launches campaign with employers to avoid sick leave in December

The government of Mexico, through the Ministry of Labor and Social Welfare, the IMSS, and Infonavit launched, for the third consecutive year, the campaign that alerts employers about the unjustified sick leave that takes place in the month of December, since they impact negatively the labor rights of workers, and at least 40.3% of these are rediscovered in the month of January.

To this end, they reported that letters have been sent to employers who have been identified as carrying out this practice year after year; that is to say, they cut the worker in December to later hire him in the month of January.

“Las unjustified absences have a negative impact on the continuity of the labor rights such as: social security and housing for affected workers. Between November and December 2021, 312,000 jobs were lost, of which 69.1% correspond to jobs registered as permanent,” indicates the report issued by the Mexican government.

Although there are legitimate temporary contracts, “the truth is that many of the workers terminated in December and hired in January are registered by the employers with the IMSS as permanent, therefore, it is a totally irregular practice”

According to IMSS data, of the 312,000 jobs lost in December, during January 2022, 126,000 were rehired; that is, 40.3% were rehired.

In any case, non-compliance with labor and Social Security obligations, the Mexican government stressed that there are legal consequences that can put companies’ finances at risk and employers face administrative and criminal responsibilities.

“By virtue of the foregoing, the STPS, the IMSS and the Infonavit sent letters to the employers who allegedly engage in these practices in order for them to review whether the management of their workforce is in accordance with the current regulatory framework, and to avoid making actions that violate the rights of workers as a consequence of the avoidance of labor and Social Security obligations”.

It should be noted that the projections made by analysts about the casualties in January will be between 250 and 300,000 jobs.

The casualties registered in the Mexican Social Security Institute (IMSS) in the month of December originate from work in temporary works, corresponding to production closures and seasonal sales, explained Héctor Márquez Pitol, Manpower’s director of institutional relations.

“Historically, around 300,000 worker casualties are usually reported in the month of December. Some related to the closing of school cycles and the end of the Christmas season in sectors such as manufacturing, commerce and services”, explained Héctor Márquez Pitol.

They are notorious because they conclude temporary contracts in sectors such as Transformation, Construction, Services, Commerce and Eventual Field.