Member Article

On March 24, 2020, Mexico’s Ministry of Health issued preventive measures, sanctioned by the President, that must be implemented by the public and private sectors for the mitigation and control of health risks associated with the disease caused by the SARS-CoV2 virus (COVID-19).

The following are some of the measures to be implemented:

• Adults over 65 and people at risk for developing a serious disease and/or who may die from the virus must avoid workplaces, public spaces and other crowded places. This action must be treated as a paid leave.
  
  
• School activities, at any level, are suspended until April 17, 2020.
  
  
• Any public, private or social sector activities that involve physical concentration, transit or movement of people are suspended from March 24 until April 19, 2020.
  
  
  • In the public sector, the essential functions will be determined by each agency.
    
    
  • In the private sector, companies, businesses, commercial establishments and all those that may be necessary to face the contingency will continue to work. These include without limitation, hospitals, clinics, pharmacies, laboratories, medical services, financial services, telecommunications and information media, hotel and restaurant services, gas stations, markets, supermarkets, small grocery shops, transport services and gas distribution, as long as they are not carried out in enclosed spaces with bottlenecks. The Ministry of Health did not provide a definition for “enclosed spaces with bottlenecks”, thus, it is subject to interpretation.
    
    
  • All of the above, in accordance with the labor rights of workers, in the public and private sectors.
    
    
• Suspension of large events, meetings and congregations of more than 100 people.

In case of non-compliance with these measures, the following administrative sanctions may be imposed, pursuant to the General Health Law:

• A warning.
  
  
• Fines to ranging from 6,000 to 16,000 in minimum wages(MXN$740,000.00 to MXN$1,971,520.00 or equivalent to USD$29,600.00 and USD$78,860.80, respectively, using the exchange rate of MXN$25 per USD$1).
  
  
• Temporary or permanent closure, which may be partial or total.
  
  
• Arrest for up to 36 hours.
  
  

If you have any questions, please contact any of the attorneys listed below.

To see this article enespañol, please see this link.