FAILING TO REGISTER THE DOMESTIC STAFF IN THE MANDATORY SOCIAL SECURITY SYSTEM IS DISCRIMINATORY: SUPREME COURT OF JUSTICE

Last December 5, the Second Room of the Supreme Court of Justice of the Nation declared, via direct amparo, that it is unconstitutional that the employers are not obliged to register the domestic staff at the Mexican Social Security Institute (IMSS).

The arguments and support rely on considering that it is discriminatory that the Federal Labor Law and the IMSS exclude from the mandatory social security system to the domestic staff. The discriminatory effect, in accordance with the resolution, is two-fold because the domestic chores are performed in a high percentage by women.

What is innovating of the resolution is the order of the Supreme Court of Justice to the IMSS so that in the first half of 2019, it develops and implements a “pilot program” that considers a special system to offer social security to this sector. This pilot program must consider simple and clear mechanisms so that the employers have the obligation to comply, and that it is not based on voluntary grounds.

In accordance with the resolution, the employers must not necessarily be registered before the Tax Administration Service.

The bills will be derived from the pilot program to be submitted to the discussion and approval of the Congress, and within a maximum term of 3 years, it is possible to “achieve the effective, robust, and sufficient social security for all the domestic staff in the country”.


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