Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

Download full Q1 2023 Global Guide Quarterly

Protection of Pregnant Workers or Workers in Postnatal Period

New Legislation Enacted

Author: Noé Martínez, Partner – BDS, Member of Littler Global

The Legislative Assembly amended the Labor Code by adding Article 113-A, which provides that when an employer dismisses a worker who is pregnant or in her postnatal period, the judge must rule ex officio or, at the request of a party, on the precautionary measure of immediate reinstatement, under adequate working conditions. Likewise, the judge may order reinstatement as part of the ruling.

The new provision establishes that a pregnant worker may not be fired from her job six months after giving birth. Failure to comply with this provision is subject to penalties, in addition to civil and criminal liabilities that may arise.

New Threshold Amounts to Determine Whether Abbreviated or Ordinary Proceedings Apply

New Legislation Enacted

Author: Noé Martínez, Partner – BDS, Member of Littler Global

The Legislative Branch amended Articles 378 and 425 of the Labor Code to increase the threshold that determines whether a labor claim is adjudicated in an abbreviated or ordinary proceeding. Under the new amendments, labor claims of less than $1,095 will be adjudicated in abbreviated proceedings. All others will be in ordinary proceedings. Prior to this amendment, the minimum amount for regular proceedings was $22.86.

18-Month Compliance Period Has Begun to Provide Care Centers

New Regulation or Official Guidance

Author: Noé Martínez, Partner – BDS, Member of Littler Global

The “Growing Together for the Comprehensive Protection of Early Childhood, Childhood and Adolescence” law was enacted in 2022 and entered into effect in January 2023. This law makes it mandatory for companies that employ more than 100 employees to install a crib room that will be called CAPIS in the workplace, outsource this service, or join neighboring companies to install crib rooms together.

Regulations to enforce this new law have been published, setting an 18-month implementation period. The new regulation, i.e., "Regulations for the Installation, Operation and Supervision of Early Childhood Care Centers" and the "Technical Standard for the Installation and Operation of Early Childhood Care Centers," provide specific guidelines for employers to install, provide or facilitate the CAPIS care centers.