Decree of the General Health Council — Staged Reactivation of Activities

Contacto local

EY México

15 may 2020 PDF
Asunto Impuestos
Categorías Law Flash
Jurisdicciones México

On May 13, 2020, the Decree through which the construction, mining and manufacture of transport equipment shall be considered as essential activities while the health emergency prevails was published in the morning version of the Official Journal of the Federation (DOF, for its acronym in Spanish).

Such decree was canceled and withdrawn from the publication of the DOF, to be replaced for a new decree, which was published on May 14, 2020, under the heading: “Decree that provides a strategy for the reopening of social, educational and economic activities, as well as a traffic light system by regions to weekly assess the epidemiological risk related to the reopening of activities in each state, as well as providing extraordinary actions” (hereinafter, the “Decree”).

The Decree provides the generalities of the strategy for the gradual reopening of social, educational and economic activities, providing for it three stages for its implementation:

  • Stage 1. Begins on May 18, 2020, with the reopening of activities in municipalities with no impact [1]
  • Stage 2. From May 18 to May 31, 2020, with the preparation for the reopening of essential and non-essential activities, through the implementation of labor actions by companies
  • Stage 3. Begins on June 1, 2020, according to the traffic light system by regions for the reopening of social, educational and economic activities (see image)

In preparation for the reopening of activities provided in Stage 2, companies will be required to have, no later than May 31, 2020, the following:

(i) Health protocols for the safe restart of activities

(ii) Train personnel for safety in the work environment

(iii) Readjustment of spaces and production processes

(iv) Implementation of entrance filters, sanitation and hygiene of the workplace

Likewise, the extension of the catalog of essential activities was provided as an extraordinary action, by including the industries dedicated to the construction, mining and manufacture of transport equipment. The aforementioned activities may start activities on June 1, 2020, with the implementation of health security guidelines in the workplace [2].

The issuance of this new Decree confirms the need of the companies to carry out immediate actions to confirm and evidence their character as essential activity, as well as the implementation of sanitary protocols, in order to carry out the process of staged reactivation of activities.

The foregoing is essential to solve possible labor inspections, objections of employees and unions to the progressive reactivation plan and to guarantee the health of the personnel.

[1] Municipalities without confirmation of cases of infection by COVID-19 and that, additionally, do not adjoin municipalities that have experienced cases of infection by COVID-19.

In these municipalities, school activities, mobilization in public spaces, either close or open, as well as all work activities, essential and non-essential, may be resumed without restrictions.

The Ministry of Health, no later than May 17, 2020, through a technical statement to be published on the website, will announce which municipalities have zero impact.

[2] The guidelines will be published by the Ministry of Health, in coordination with the Ministry of Economy and Labor and Social Welfare, as well as with the Mexican Institute of Social Security.