Federal Labor Law: Rights of farm workers

On January 24, 2024, a before and after was marked in the protection of labor rights in Mexico, thanks to the publication of a decree by the Ministry of Labor and Social Welfare (STPS) in the Official Gazette of the Federation (DOF).

This decree reforms key provisions of the Federal Labor Law (LFT) and the Social Security Law (LSS)with the aim of strengthening the obligations of employers towards farm workers. This step forward in Mexican labor legislation is crucial for a sector that has been historically vulnerable.

Definition and classification of field workers:

The reform clearly specifies who is considered field workerscovering those individuals who carry out work in the sector agricultural, horticultural, livestock, forestry, aquaculture, poultry, beekeeping, among othersprovided that these activities are carried out in rural areas and without being subjected to industrial processes.

This definition excludes those who work in the packaging, repackaging, sale or transformation of agricultural products in an unnatural state.

The field workers, according to the Federal Labor Law, They are classified as permanent and temporary.with an important distinction: those who work continuously for more than 27 weeks for one or more employers will be considered permanent, which has significant implications in terms of their employment rights.

Obligations of employers regarding the well-being of the worker:

Improvements in housing and food:

The legislative reform introduces specific obligations for employers, including the free provision of adequate housing and healthy food.

These measures seek to ensure that farm workers and their families live in decent and safe conditions.

Access to medical services:

A pillar of the reform is to guarantee the access to medical services through the Mexican Social Security Institute, which guarantees another series of protections and rights of great relevance for workers in Mexico.

In areas where there are no IMSS facilities, employers must offer these benefits, thus ensuring that all farm workers and their dependents have access to necessary medical care.

Safety and training at work:

Employers now have the responsibility to provide a Safe transportation for workers and their familiesas well as offering training and the necessary equipment to guarantee their safety and physical integrity at work.

This measure is essential to promote a safe work environment free of discrimination. The implementation of this legislative reform could be considered a significant advance in the fight for the rights of farm workers in Mexico.

By reinforcing the obligations of employers and ensure compliance with the LFT and LSS regulationsis expected to result in tangible improvements in the quality of life and well-being of agricultural workers.

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