After the publication of constitutional reforms on Substantive Equality, companies must make modifications in order to eradicate the pay gap and inequality stated Regina de la Vega, partner at the De la Vega & Martínez Rojas Firm.
She said that that it is a regulation that was already considered in the laws, but it has now reached the constitutional level and, therefore, it will become an obligation that is no longer optional to comply with.
“Now that it has been raised to the constitutional level, it is no longer a matter for companies to decide on, now actions need to be taken and one of them is that the Department of Labor and Social Welfare issued the protocol for inspections in regard to gender perspective matters and this protocol issued by the department in February 2024 states that all inspections in extraordinary or ordinary matters will always consider the gender perspective”, she explained.
She said that companies must start by taking a series of actions in order to achieve this goal.
Companies must make changes to adjust to the Substantive Equality reforms
“Companies will have to have, as a minimum, a list of all of the workers, how many of them are men and how many are women, then calculate averages to see what salaries are like, are they equal, are they not equal, what are the development plans both for women and men”, she pointed out.
However, she said, secondary regulations are still needed in order to define some mechanisms, as the president of Mexico, Claudia Sheinbaum, said that they hope to eradicate the pay gap by 2030; thus, once they are approved, they must be complied with and, in consequence, further changes will come.
She claimed that the benefits will not only be for women when combating gender inequality, as it will also benefit the companies themselves.
“It is very beneficial, if workers feel safe they will perform better, in terms of being prejudicial, I believe that reputational damage will be much greater when an inspection on companies is completed and it shows that they have a tremendous wage inequality, that gender perspective is not taken into account”, she pronounced.
This is a country in which women face high rates of informality, 3 out of 10 have suffered workplace violence, gender discrimination, fewer opportunities for high positions, less economic autonomy.
“Companies will have to help in the eradication of these issues (…) I see more benefits”, she stated.
She pointed out that companies must have work regulations, a non-discrimination protocol and comply with Official Mexican Standard 035 in order to avoid psychosocial risks, and from there they can continue with steps for eliminating inequality.
