Issue: November 2020

MEXICO - NOM-035 on Psychosocial Risks Takes Effect

By: Francisco Udave Treviño, Santamarina + Steta, Mexico City

Official Mexican Standard 035 issued by the Ministry of Labor and Social Welfare regarding the identification and prevention of psychosocial risk factors in the workplace (commonly identified as NOM-035) was published in the Official Journal of the Federation on October 23, 2018. Its purpose is to guarantee that employees provide services in legal and optimal conditions to control their possible exposure to factors that may cause anxiety disorders, alter their rest or affect their quality of life. These elements are called Psychosocial Risk Factors and in principle do not include harassment or sexual harassment, to which other legal provisions contained in the Mexican Federal Labor Law are applicable.

With NOM-035, the intention is to generate favorable working environments for employees and promote their sense of belonging to the companies for which they work.

Because its implementation requires the integration of new processes in the normal operation of companies, its entry into force was divided into two parts. The first obligations were enforceable one year after their publication, so they came into force on October 23, 2019 and are as follows:

Table 1

Table 1

On the occasion of the second stage of the implementation of NOM-035, as of October 23, 2020, all obligations of NOM-035 will be in force, so all workplaces must comply, in addition to the above, also with the following:

Table 2

Table 2

As can be seen from NOM-035 and various employment related legal provisions, the trend with respect to the regulatory framework, both nationally and globally, is to establish and enforce more tools to ensure a favorable environment in the workplace and working conditions that do not affect the quality of life of workers.

In addition, the result of the evaluations on Psychosocial Risk Factors and favorable work environment depends on the perception and responses provided by the employees, so it is of utmost importance that companies are increasingly close to their employees to know and address their concerns and needs.

Of course, the entry into force of all the obligations derived from the NOM-035 in the month of October 2020, generates its enforceability by the administrative labor authorities in case of workplace inspections, which have been increasing considerably since 2019. In view of this, it is recommended that companies adopt a preventive approach and implement the corresponding measures to ensure compliance with their obligations in this area.

RESEARCH GRANTS AVAILABLE

National Academy of Arbitrators, Research & Education Foundation

The National Academy of Arbitrators (NAA) is a professional association of labor and employment arbitrators in the United States and Canada.

The Academy’s Research and Education Foundation (REF) supports research and education relevant to labor and employment arbitration. The Foundation welcomes applications for grants of up to $50,000 for any of the following purposes:

  1. The study and understanding of grievance procedures, mediation processes, arbitration processes, and other forms of labor and employment dispute resolution.
  2. The impact of law on grievance and arbitration processes.
  3. The education and training of persons engaged in the resolution of labor-management and employment disputes.
  4. The preparation and publication of books, articles, and audio-visual materials designed to enhance the competence of persons engaged in the arbitration and/or mediation of labor-management and employment disputes.
  5. The preparation of material designed to keep arbitrators, mediators, and students of labor-management and employment arbitration abreast of current research into the dispute resolution process.
  6. The development of procedures or techniques for the resolution of labor and employment disputes in this and in other countries.

Detailed information on how to apply for an REF grant can be found on the NAA website.

Questions about these grants can be directed to REF President Alan Symonette.