the “FEDERAL LAW FOR THE SPECIAL DECLARATION OF ABSENCE FOR DISAPPEARED PERSONS.”

This new law was published in the DOF on June 22, 2018 The need for this reform is no surprise but it still is shocking.

This reform creates a new legal figure of “Disappeared Person” – the new Employer obligation is the following: When a family member or representative of a person that has “disappeared” presents a Declaration of Absence for Disappeared Persons, the employer cannot rescind the labor contract and has to give that person the status of “Absent with permission and without salary.” The Employer must continue paying Social Security for that worker until they reappear or remains are found or five years have passed. After the five years or a body is found, the Employer must pay a final payment to the family members of 5000 times the daily wage. These same changes were also modified in the Social Security Law.