Household Employees will have to wait until 2021 for mandatoryinsurance. A New Way of Legislating?
Notwithstanding the publication in the Official Gazette of the Federation on
July 2 of the decree through which the Federal Labor Law and the Social
Security Law are Reformed, according to its transitory articles, mandatory
affiliation of household workers will have to wait until the pilot plan ordered
by the Supreme Court of Justice of the Nation (SCJN) from the Mexican Social
Security Institute (IMSS) is completed. Based on this logic it will be on April
2021 that the plan will be completed and the results will be evaluated and
the regime will be implemented and the obligation will become a reality.
Based on this logic, the legislative framework is defined “in advance” of the
pilot plan, without paying much attention to the development of the pilot
plan, or to the ruling of the Supreme Court of the Nation or to legislative
technique, thus corroborating the message by the current administration on
the way of legislating, all of this without detracting from the reasonableness
of this obligation of affiliation for a labor sector of the population to which an
historical debt is owed in Mexico.
The universe of household workers who could be affiliated, according to
information provided by the IMSS, is of 2.4 million people, 95% of which are
women whose average salary is of $7,604 pesos per month.