In the afternoon edition of the press conference of the Federal Government, it was announced to the general public the issuing of the Agreement through which the General Health Council set forth extraordinary actions in the general health matters for all the country to carry out all actions that might be necessary to prevent, control and fight the existence and transmission of the SARS-CoV2 virus, COVID-19, declared as a public health emergency of international importance by the World Health Organization. Said agreement published today in the afternoon edition of the Federal Official Gazette.
As mentioned in the press conference, as a result of said agreement and the health emergency declaration due to force majeure to be published in the Federal Official Gazette, the following measures will be applied on national territory with respect for human rights:
a. The Ministry of Health shall oversee setting forth the actions that shall correspond to other authorities of the three orders of government.
b.The immediate suspension of non-essential activities in the public, private and social sectors is ordered until April 30.
This declaration to be published will apparently include two Exhibits identifies as “Essential Supplies, Goods and Merchandise” and “Services Supporting Plants Producing Essential Supplies, Goods and Merchandise”, which you will be made available as soon as published in the .
In general terms, they are considered essential activities: (i) those necessary to deal with the health emergency; (ii) those involved in public safety and citizen protection; (iii) those related to the administration of justice and legislative activities; (iv) the sectors considered essential for the functioning of the economy; (v) the government’s social programs; and (vi) the conservation of critical infrastructure that ensures the provision of indispensable services such as water, energy, drainage, basic sanitation, etc.
c. Meetings of more than 50 people are prohibited, hand washing, remote greeting and sneezing etiquette are recommended.
d. The national population is encouraged to stay at home. This measure will be strictly applied to the vulnerable population (even if they work in essential sectors). It should be noted that the Principal of the Ministry of Foreign Affairs, Marcelo Ebrard, expressly stated through the evening press conference that this declaration does not have curfew effects, but should be considered as a voluntary limitation of mobility.
e. It will be the responsibility of the Ministry of Finance and Public Credit, jointly with the Ministry of Economy and the Ministry of Labor and Social Security, to take measures to establish support for companies.
In labor matters, although this declaration may be considered as a health contingency declaration in terms of the provisions of article 42 Bis of the Federal Labor Law, it does not authorize employers to suspend their labor relations with their employees. Therefore, by virtue of this declaration, employers are not entitled to exercise the right provided for in the Federal Labor Law, that is, they may not suspend their labor relations through the payment of an indemnity equivalent to one day of the general minimum wage in force, for each day the suspension lasts.
f. It will be the responsibility of the National Immigration Institute to make provisions in ports and airports to comply with the health emergency declaration. It will be the responsibility of the Ministry of Communications and Transport to take measures in aviation matters. On the other hand, the Ministry of Foreign Affairs shall be responsible for the protection of Mexicans abroad.
g. The Ministry of Finance and Public Credit, jointly with the Ministry of Economy and the Ministry of Agriculture and Rural Development shall be responsible for meeting with the productive sector to guarantee the country’s food supply.
h. The Welfare Ministry, jointly with the Ministry of Labor and Social Security, shall be responsible for implementing social support measures.
i. The Ministry of Security and Citizen Protection, jointly with the Ministry of National Defense and the Navy Ministry, shall be responsible for providing security and safeguarding strategic facilities and public communication networks.
j. The Ministry of Finance and Public Credit, jointly with the Ministry of Health, the Ministry of the Economy and the Ministry of Public Service, shall be responsible for meeting needs in terms of human resources, medical equipment and medicines to provide the necessary care for those affected by the present pandemic.
k. The Ministry of Public Education, jointly with the National Council of Science and Technology shall meet to analyze actions to address the pandemic in their respective areas.
l. The Ministry of Public Service shall take action in the area of public procurement processes.
On April 30 of this year, the Ministry of Health, jointly with the Ministry of Economy and the Ministry of Labor and Social Security will issue the guidelines required for the gradual return to normal activities in the country.
Please note that the above-mentioned agreement shall be published in the Federal Official Gazette to be binding. We will continue to follow up on the measures and provisions issued by the Mexican government in connection with COVID-19 that may be of interest to our customers and business partners and will keep you informed.
We reiterate our desire that all of our clients and business partners and their families are healthy. We reiterate our commitment to our clients to overcome these times of economic and business uncertainty with creativity in applying best legal practices.
If you have any questions or comments about this statement, please do not hesitate to contact any of our partners or associates.
Sincerely,
Cannizzo, Ortiz y Asociados, S.C.