Recent changes to the nation’s labor law have focused on workforce training in Mexico as being critical to productivity gains on both the micro and macro levels.
Among the many reform efforts that have been tackled and acted upon during the administration of current Mexican president, Enrique Peña Nieto, has been that of Mexican Labor Law. Until the effort was made to propose and enact changes to the country’s labor law that was made in 2013, Mexican labor law had, for the most part, stood as it had been since the last noteworthy modifications were made during the 1970s. In recent years economic and marketplace demands, however, required that Mexico take actions to put into place measures that would not only result in increased individual worker productivity, but also in expanded national economic output. One of the outcomes of efforts made to modernize the nation’s labor law is that, today, workforce training in Mexico is the law.
Training and productivity take priority
Among other changes, post 2013 reform of Mexican labor law mandates that employers take specific measures to create, maintain and update the skill sets that their workers require to performed their assigned tasks, as well as to prepare for their ascent up the value chain. In September of 2013, Mexico’s Department of Labor and Social Welfare (STPS) made public rules detailing what companies would need to do with the new mandate on workforce training in Mexico. Four points are among the most important that were published:
1. Every company in Mexico that has employees numbering fifty individuals, or above, is required to create a “Joint (or Mixed) Commission on Productivity and Training.” This is a group that is internal to each company and is required to be formed by an equal number of employer and employee representatives. In order to provide evidence that such a commission has been formed within an organization the Department of Labor and Social Welfare (STPS) has stipulated that company leadership must fill out its STPS Form DC-1. This document can be shown to representatives of STPS, should they, at any time, inspect the workplace.
According to STPS guidelines Joint Commissions are to perform the following functions:
- devise, implement and monitor workforce training in Mexico in the companies in which programs exist;
- suggest and take measures to improve management/labor relations;
- review workers concerns regarding productivity gains or losses, as well as those concerning the distribution of the fruits of productivity gains;
- provide input as to the results of training as they relate to the case of specific workers, and make post-training period recommendations regarding trainee retention or release.
2. Develop skills upgrade plans for individuals as part a routine part of workforce training in Mexico. This means that company personnel that is in charge of human resources tasks in the area of training and skill development must describe training efforts being made by the firm. This information is included on the information provided on STPS Form DC-1.
Training personnel must:
- define the objectives and content of training programs;
- identify and track the positions which will be recipient of proactive training efforts;
- describe the procedure by which identified positions will be trained.
3. Keep a list of skills and competencies required for each position within the organization. This particular requirement related to workforce training in Mexico is applicable to even those companies whose number of employees stands at less than fifty. The Department of Labor and Social Welfare requires that employers record this information on its Form DC-4.
4. Establish certificates to be awarded upon completion of training or the acquisition of position specific competencies within the firm. Within a period of four business weeks after the completion of training, employers must provide the newly capacitated employee with a filled in copy of STPS Form DC-3. This document provides information on the location of where the training was conducted, a description of the type of training received by the employee, a report of the hours during which the training was conducted, as well as information as to who the party or parties that
performed the training were.
Those individuals , or companies, that wish to learn more about legally defined workforce training in Mexico, or other human resources related issues, are invited to contact the Tecma Group of Mexico Human Resources Experts.