The 7 labor rights most violated by companies in Mexico according to the STPS

The Ministry of Labor and Social Welfare (STPS) made public the data analysis with the information collected in the last two years through the inspections to determine the rights violations most recurring in companies in terms of general working conditions, training and safety and health.

This information is part of the design of the Inspection Program 2023 of the dependency, which for this year set the goal of carrying out 42,000 inspections of companies in different lines, an amount that represents an increase of 5% compared to the visits carried out in 2022.

According to the STPS data, the seven most frequent breaches by employers in the country regarding the general working conditions are:

1. Profit sharing
2. Working day
3. Type of contract
4. minimum salary
5. Aguinaldo
6. Specialized service contract
7. Salary

With less recurrence, but also present in irregularities are the provisions related to access to social security, subcontracting regime, internal work regulations, Infonavit quotas and vacations.

“To increase the efficiency of the federal labor inspection, in recent years the Decent Work Unit has focused its efforts on the development of a new inspection model which is based on intelligence models with which information is analyzed statistics generated by the Federal Inspection itself with the help of the computer platforms made available for the surveillance of the labor rightsthe data provided by the tax and social security authorities, ”says the STPS in the document.

Regarding inconsistencies in training and safety and hygiene, the unit has identified the main sources of non-compliance:

• Standard 002 of safety conditions-prevention and protection against fires in the workplace
• Regulation 030 on preventive health and safety services at work-Functions and activities
• Regulation 019 of the constitution, organization and operation of safety and hygiene commissions in the workplace
• Standard 006 for the handling and storage of materials-Safety and health conditions at work
• Standard 029 for the maintenance of electrical installations in workplaces-Safety conditions.
• training plans
• List of skill certificates
• Proof of competencies or skills
• Training or training
• Training or training clauses

Through a strategy of analysis of information and exchange of databases, the inspections are focused on the work centers with the highest probability of having non-compliances. This year, just over 70% of inspections carried out by the Ministry of Labor will be extraordinary, that is, they are carried out without the obligation to give prior notice to the company visited.

The agency will incorporate new elements into its methodology to detect violations of legal provisions by industry. “With these algorithms it was possible to build a statistical model that allows predictions, classifications and estimates to be made regarding the sectors of the industry that are more prone to breaching specific regulations or obligations”, details the agency.

Inspections 2023: What are the priorities?

Labor inspections will be carried out this year taking into account the most frequent breaches and the industries with the highest incidence. “By prioritizing inspections in the industrial branches with the highest rate of incurrence in non-compliance, a climate of certainty is also generated in those work centers that maintain a level of compliance with labor regulations and for which it is not necessary to inspect them” , points out the Secretariat.

In this sense, the inspection approaches will be the following:

• strategic checksbased on data analysis, but without losing sight of economic breaches such as profit sharing or the minimum wage.
• Accident reduction through inspections in the sectors with the highest accident rate, this contemplates extraordinary visits with special operations to productive sectors with higher occupational hazards.
• Surveillance of the new subcontracting regime with the support of the analysis of information from the Registry of Companies Providers of Specialized Services or Specialized Works (Repse) and exchange of information with tax and social security authorities.
• Training for inspectors with special programs and mandatory and permanent training to develop the appropriate skills.
• Surveillance of the inspection process strengthening a supervision program that makes it possible to verify that the officials who carry out visits to the workplaces have an act that guarantees respect for labor rights and adequate performance.
• Surveillance with alternate mechanisms inspection with performance evaluation visits and counseling of the occupational health and safety self-management program at the federal labor representation offices.
• Continue with the modernization of inspection with the updating of legal systems and support systems for the process of verification of compliance in the work centers.

“For the present exercise, the Decent Work Unit through the General Directorate of Federal Labor Inspection has converted data analysis in a fundamental tool for the planning and scheduling of federal labor inspections, with which it will be possible to improve the efficiency, precision and effectiveness in their execution”, affirms the STPS.