Our current situation places us before a sanitary contingency of international standards which was formally communicated by the General Health Council in our country through the agreement published in the Official Gazette of the Federation, where the ordinance was to abide by preventive measures giving rise to the suspension of non-essential activities at the national level, a situation that has directly affected entrepreneurs.
This fact has brought as a consequence a wave of layoffs and reduction of the workforce due to the low tourist occupation in Quintana Roo, since it is a state with a highly tourist flow. Now, with this declaration called "Health Contingency due to Force Majeure", it does not empower the employer to activate the legal mechanism set forth in article 42 bis (in relation to the diverse 429 section VI) of the Federal Labor Law itself, where the company could suspend the work without it being necessary to give notice or request some special authorization to the Court, where the same article stipulates that during the time activities are suspended, the employer should pay each worker the integrated salary and this assumption it could last a maximum of one month.
Before opting for any of the legal measures indicated for the suspension of work, it is recommended to: explore options jointly by applying temporary measures such as work at home, leave without pay, advancement of vacations or any other mechanism that without undermining the workers rights, allow the employer to face the economic burden of having no income and simultaneously comply with employer obligations.
Another of the action mechanisms that can be implemented in the company during this contingency, would be very useful to develop a safety and hygiene protocol that will allow them to return to daily activities in due course once the competent authorities notify them of this. official way. This will provide its member employees with health security and the possibility of returning in a safe environment, and of course it can translate into a competitive advantage both within the corporation and in the market in which it operates.
If your company is affiliated with any kind of union, take into account union leaders and any decision you make as a boss considers their opinion and point of view.
None of the indicated options will work without proper communication and without the agreement of the workers. Seek to impact the workforce as little as possible and try to preserve your source of work.
We are facing difficult times that show us that the world economy affects microeconomics and this in turn affects the family economy, so the decisions that employers make will have an impact on society and on the future of people in the long term, but will also affect the source of work
In the state of Quintana Roo, the President of the Tourism Promotion Council reported that as of June 8, the tourist revival began in Cancun and at various points in the state. It is important to emphasize that at both the federal and state traffic lights, the state of Quintana Roo is in orange, therefore tourist activities and lodging are active with a maximum capacity of 30% of occupancy, which may increase by one Once we go to the stage where we meet at a yellow light.
In relation to the revival of tourism, the certification in sanitary protection and prevention in tourist facilities was released, which aim to maintain the necessary sanitary measures for the prevention and containment of COVID-19 in order to guarantee confidence and certainty. to customers, collaborators and the community in general.
On the other hand, the World Travel and Tourism Council launched on May 27 the global Safety Stamp for those tourist destinations that adopt its standards and hygiene measures to protect the health of travelers, and among the first elected is Cancun. This seal aims to provide confidence to tourists visiting the destination, in terms of the protocols available in hotels, commercial establishments, restaurants, airports and cruises.
Both companies and workers are encouraged to enter into a dialogue; It is very important that both parties talk in order to take alternatives that favor both the employer and the worker to safeguard the source of work, as well as the rights of the worker.
In the event of a dismissal that is not justified for the employer, an issue of liquidation would proceed, therefore it is important that both parties must solidarity, since it is a situation that has impacted the entire nation and the entire world hard, therefore that both spheres both corporate.
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