NOM-037: Safety and Health conditions for Teleworking

NOM-037: Safety and Health conditions for Teleworking

Print version | August 2022

  • The draft of NOM-037 establishes the safety and health conditions in the teleworking modality.
  • The draft outlines the main employer obligations to be complied with in the teleworking modality.
  • After a review period, the final version of the NOM will be published; thus, in practical terms, it will be binding by the end of the first semester of 2023.

Read the complete document here.

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The United States eliminates the mask mandate in the airline industry

The United States eliminates the mask mandate in the airline industry

Print version | April 2022

  • As of April 18, 2022, the use of masks on domestic flights and some international flights to and from the US, as well as in airport terminals, is no longer mandatory.
  • In Mexico, the use of masks on flights to and from national territory, as well as in airport terminals, continues to be mandatory, in compliance with the requirements of the Federal Civil Aviation Agency.

Read the complete document here.

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Mexico approves Convention 190 of the International Labor Organization

Mexico approves Convention 190 of the International Labor Organization

Print version | March 2022 |


The International Labor Organization (ILO) Convention No. 190 promotes and ensures the exercise of the right of all persons to a work environment free from violence and harassment. The Convention was adopted on June 29, 2019, and entered into force for the Member States that had ratified it on June 25, 2021.

Actions established in ILO Convention 190

The Convention requires the Member States to have awareness campaigns, prohibit violence and harassment, have support mechanisms and remedies, protect the privacy and confidentiality of individuals, and provide sanctions and inspection measures.

It also ensures that every worker has the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life, health, or safety due to violence and harassment, without suffering retaliation or other undue consequences, and the duty to inform management.

Approval of the Mexican State

The Senate of the Republic approved on March 15th, 2022, unanimously, the ratification of ILO Convention No. 190 and, consequently, the Federal Executive Branch may initiate the ratification process on behalf of the Mexican State.

This ratification requires that there be legislation that obliges employers to take measures to prevent violence and harassment, including on the basis of gender, in particular:

  • Adopt and implement, in consultation with workers and their representatives, a workplace policy on violence and harassment.
  • Consider violence and harassment and associated psychosocial risks in the management of occupational safety and health.
  • Identify hazards and assess the risks of violence and harassment with the participation of workers and their representatives and take measures to prevent and control them.
  • Provide to workers and other persons concerned information and training in accessible formats on the identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on the rights and responsibilities of workers and other persons concerned in relation to the policy referred to in section (a).

The complete version of ILO Convention No. 190 can be consulted directly at the following link: ILO Convention No. 190


Mexico City Office

Mr. Andrés Rodríguez R. (Partner) arodriguez@s-s.mx

Mr. Francisco Udave T. (Partner) fudave@s-s.mx

Phone: +52 55 5279 5400

Monterrey Office

Mr. Juan Carlos de la Vega G. (Partner) jdelavega@s-s.mx

Phone: +52 81 8133 6000

Querétaro Office

Mr. José Ramón Ayala A. (Partner) jayala@s-s.mx

Phone: +52 442 290 0290

Legal Update: Official Mexican STANDARD NOM-241-SSA1-2021, Good manufacturing practices of medical devices

Legal Update: Official Mexican STANDARD NOM-241-SSA1-2021, Good manufacturing practices of medical devices

Print version | January 2022 |


On December 20, 2021, the Ministry of Health published, in the Official Gazette of the Federation, the new Mexican Official Standard NOM-241-SSA1-2021, Good manufacturing practices of medical devices, which aims to establish the minimum requirements for the processes of design, development, manufacture, storage, and distribution of medical devices, based on their level of risk, so that medical devices may be used by the patient or final consumer. According to the General Health Law, medical devices include medical equipment, prostheses, orthoses and functional aids, diagnostic agents, dental supplies, surgical and healing materials, as well as hygienic products.

The aforementioned NOM classifies medical devices according to the risk posed by their use, following these categories: Class I, Class II, and Class III. Likewise, the Quality Management System, through the measures adopted, guarantees the quality of the medical devices for the intended use, incorporating the standards of GMP, BPD, BPAD, GLP, and the principles of Risk Management.

Additionally, the standard establishes criteria for the design and development of medical devices, which must be planned by the Development Area Manager. As well as the requirements that must be met by the facilities and equipment used at the time of manufacture, storage, and release of finished products on the market, to guarantee the quality of medical devices.

Derived from the above requirements, a system of qualification and validation of compliance with the standard is incorporated, as well as studies of stability and final destination of the waste. It also establishes a complaint system so users can communicate the devices failures in an effective manner.    

The entry into force of this Standard will nullify the Official Mexican Standard NOM-241-SSA1-2012, Good Manufacturing Practices for Establishments Dedicated to the Manufacture of Medical Devices


Mexico City Office

Mr. Alejandro Luna A. (Partner)

Phone: +52 55 5279 5400

Monterrey Office

Mr. César Cruz A. (Partner)

Phone: +52 81 8133 6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Phone: +52 442 290 0290

Legal Update: Increase to the Minimum Wage

Legal Update: Increase to the Minimum Wage

Print version | December 2021 |


On December 1st, 2021, the Council of Representatives of the National Minimum Wages Commission (“CONASAMI” per its acronym in Spanish) approved an increase of 22% to the current general minimum wage of $141.70 Mexican pesos and to the minimum wage in the Border Free Zone North of $213.39 Mexican pesos.

The new minimum wages were determined by a direct increase of 9%, plus the amount of $16.90 pesos for the Independent Recovery Amount (“MIR” per its acronym in Spanish) for the general minimum wage, and of $25.45 for the minimum wage in the Free Zone of the North border.

Due to the aforementioned modifications, the new general minimum wage as of January 1, 2022 will be $172.87 Mexican pesos and the minimum wage in the North Border Free Zone will be $260.34 Mexican pesos.

Professional minimum wages will also receive a 22% increase.


Mexico City Office

Mr. Andrés Rodríguez R. (Partner)

Mr. Francisco Udave T. (Partner)

Phone: +52 55 5279 5400

Monterrey Office

Mr. Juan Carlos de la Vega G. (Partner)

Phone: +52 81 8133 6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Phone: +52 442 290 0290