Initiative to promote workplaces free from violence: proposed amendments to Article 132 of the Federal Labour Law

The bill, submitted by Federal Deputy José Armando Fernández Samaniego of the Morena Parliamentary Group, proposes adding Sections XXXV and XXXVI to Article 132 of the Federal Labour Law. Its purpose is to strengthen employers’ obligations concerning equality, non-discrimination, and the prevention and handling of violence and workplace harassment, thereby promoting workplaces that are safe, inclusive, and respectful of human dignity.

The proposal is based on the premise that the right to work must be exercised under conditions of equality, respect for human dignity, and freedom from violence and discrimination. It refers to Articles 1 and 123 of the Mexican Constitution, which establish the protection of human rights, prohibit discrimination, and provide for dignified working conditions.

The bill notes that workplace discrimination remains a significant issue in Mexico. According to the 2022 National Survey on Discrimination (ENADIS), discrimination may occur on grounds including sex, age, disability, health status, sexual orientation, physical appearance, pregnancy, and socioeconomic status. Such practices may create hostile working environments, affect productivity, increase absenteeism and staff turnover, and adversely affect workers’ physical and mental health.

The initiative also relies on international standards. It refers to the International Labour Organization’s Violence and Harassment Convention, 2019 (No. 190), which recognises the right of every person to a world of work free from violence and harassment. Although the initiative states that Mexico has not ratified Convention No. 190, it considers its principles an international reference for strengthening domestic labour protections.

The proposal further refers to the World Health Organization’s observations concerning the effects of negative working environments on mental health, including stress, anxiety, depression, reduced work performance, and abandonment of employment. It also recognises the relevance of Mexico’s NOM-035-STPS-2018 on psychosocial risk factors, while arguing that this administrative standard does not expressly require all employers to adopt institutional policies aimed at eliminating discriminatory practices or specific protocols for addressing discrimination and workplace harassment.

1. Proposed Employer Obligations

The initiative would expressly incorporate two additional obligations into Article 132 of the Federal Labour Law:

• Section XXXV: Employers would be required to establish policies promoting equal opportunities, eliminating discriminatory practices in any of their forms, and ensuring workplaces are free from violence.
• Section XXXVI: Employers would be required to implement protocols addressing discrimination and workplace harassment, with particular emphasis on the confidentiality and protection of victims and on clear procedures for investigation and resolution.

2. Expected Impact

The initiative argues that clear, confidential, and impartial procedures could encourage the reporting and proper handling of workplace violence and discrimination, while reducing the risk of retaliation, revictimisation, and repeated misconduct. It further maintains that these measures would provide greater certainty to both employers and workers, strengthen organisational culture, reduce internal conflicts, and promote labour relations based on respect, equality, and trust.

The proposal is also presented as consistent with Mexico’s international human-rights and equality commitments and with the United Nations 2030 Agenda for Sustainable Development, particularly Sustainable Development Goals 5 (Gender Equality), 8 (Decent Work and Economic Growth), and 10 (Reduced Inequalities).

3. Proposed Decree and Entry into Force

The proposed decree consists of a single substantive provision adding Sections XXXV and XXXVI to Article 132 of the Federal Labour Law. The initiative provides that the decree would enter into force on the day following its publication in the Official Gazette of the Federation.

Conclusion

In summary, the initiative seeks to reinforce the Federal Labour Law by expressly requiring employers to adopt policies and protocols designed to prevent discrimination, violence, and workplace harassment. Its central approach is preventive and institutional: employers would be required not only to promote equal opportunities and violence-free workplaces, but also to establish clear mechanisms for the confidential protection, investigation, and resolution of workplace complaints.