Article 283 Federal Labor Law

In matters of safety and health, the employing persons have the following special obligations:

I.To pay the wages precisely in the place where the employee renders their services and in periods of time that do not exceed one week;

II.To provide free of charge dwellings to the field employees and, where applicable, to their family or economic dependents who accompany them. Said dwellings must comply with the minimum requirements of construction, safety and hygiene that guarantee an adequate standard of habitability in dignified conditions. In all cases the dwellings must have a firm floor, potable water, bathrooms, showers, washing areas and dining rooms. Where applicable, to provide an individual or collective plot of land for the raising of barnyard animals;

III.To maintain the dwellings in dignified and habitable conditions, making, where applicable, the necessary and convenient repairs;

IV.To provide the field employees, during the working day, with healthy, sufficient and varied food; water fit for human consumption and use, in sufficient quantity and adequate sanitary services separate for each sex, in sufficient quantity and proportional to the number of persons;

V.To keep at the place of work the medicines and healing material, as well as the necessary antidotes, in order to provide first aid to the employees, to their family members or economic dependents who accompany them, as well as to train personnel to provide it;

VI.To transfer the field employees and their family members who accompany them to the medical services of the Mexican Social Security Institute (IMSS). In those places where the Institute does not have facilities, the employing person shall provide medical assistance free of charge. They shall also have the obligations referred to in article 504, section II;

VII.To provide free of charge to the field employee, to their family members or economic dependents who accompany them, medicines and healing material in the cases of tropical, endemic and regional diseases, and to pay the field employees who become disabled seventy-five percent of the wages for up to ninety days. Temporary field employees shall enjoy this benefit for the time that the employment relationship lasts.

The field employees who are migrant day laborers must also have a life insurance for their transfers from their homes of origin to the work centers and subsequently for their return;

VIII.Repealed

IX.To encourage the creation of consumer cooperatives among the employees;

X.To encourage education among the field employees and their family members. In the case of field employees, education with cultural and linguistic pertinence for adults must be encouraged through the diverse types and modalities of study in order to eradicate educational lag and illiteracy. In the case of the children of the field employees, compulsory education must be encouraged.

When the activities referred to in this Chapter are located outside the towns, the employing person shall establish and maintain schools in accordance with the provisions of article 82 of the General Education Law (Ley General de Educación).

The educational authorities of the states (federal entities) may enter into agreements with the employing persons for the fulfillment of said obligation.

When the activities referred to in this Chapter are located near or in the towns, the State shall guarantee at all times the access to compulsory education of the sons and daughters of the migrant field employees in schools with physical and equipment conditions, as well as with teaching personnel with the adequate professional profile that allows providing education with equity, inclusion, cultural and linguistic pertinence.

The educational authorities shall recognize the studies that, in the same school cycle, the sons and daughters of the field employees carry out both in their places of origin and in their work centers. Likewise, the educational authorities shall define follow-up mechanisms that ensure the continuity of the studies in their communities of origin and in the work centers.

In all cases, the education provided shall respond to the linguistic, regional and sociocultural diversity of the country, in addition to the characteristics and needs of this sector of the population, and therefore must be of an intercultural and plurilingual character;

XI.To provide the employees free of charge with comfortable and safe transportation from the housing areas to the places of work and vice versa. The employer may use their own means or pay the service so that the employee makes use of adequate public transportation;

If the field employee is hired to reside temporarily in the work center, in a place different from where they have their habitual residence, the employing person shall be in charge of the safe and comfortable transfer of the employee, of their family group and the belongings of all of them, from the place of hiring to the place of performance of the contract when the relationship begins and back upon termination of the link;

XII.To use the services of an interpreter when the employees do not speak Spanish; and

XIII.To provide childcare services to the sons and daughters of the field employees, during all the time that the working day lasts, regardless of the hiring scheme.

In those places where the Mexican Social Security Institute (IMSS) does not have facilities, the employing person shall enable spaces with safe and hygienic installations and furniture, as well as have personnel trained and authorized by the competent authorities.

This service shall attend to the boys and girls who have not yet reached school age and also, on a counter shift, to those who attend school until covering the working day of the field employees in whose charge they are;

XIV.To train and instruct on the correct use of personal protective equipment when the field employee must carry out tasks dangerous to their health. Said training must be carried out in the Indigenous language or in the language of the employee.

The foregoing shall also be applicable when the work involves the carrying out of processes or the handling of agrochemicals, toxic, irritant or aggressive substances in any of their forms;

XV.To provide safety and personal protective equipment when, due to the work's own operation, its use is necessary and when the field employee carries out tasks in the open air, in case of rain, flooded terrain or other similar situations.

In the case of activities that involve the handling of agrochemicals or any other dangerous chemical substance, including the washing of the equipment, containers and work clothing, the personal protective equipment indicated on the label or safety data sheet must be provided, in addition to supervising its correct use, and keeping the equipment in conditions of safe operation;

XVI.To enforce rest, pauses and limitations on the duration of the working day and to adopt the measures that, according to the type of work, experience and technique, are necessary to protect the physical integrity and the dignity of the field employees, and must avoid the pernicious effects of tasks that are risky or conducive to premature aging or exhaustion;

XVII.In the handling of dangerous chemical or biological substances, their residues or the containers that contain them:

a)To apply only agrochemicals with a current, non-expired Sanitary Registry of Pesticides and Plant Nutrients, in the recommended doses and without mixing incompatible products, as established on the labels;

b)To verify that all the containers that contain agrochemicals have the original label, and to have the printed safety data sheets of each one of the agrochemicals and chemical substances used;

c)To signpost the areas of storage, handling, mixing or filling of chemical or biological substances, as well as of the containers that have contained said substances, and

d)To observe the other provisions in accordance with the applicable legal provisions;

XVIII.To fully identify in writing the possible dangers derived from the activities and from the places in which these are carried out; for this, at least the following aspects must be considered:

a)The exposure to agrochemicals or any other dangerous chemical substance;

b)The operation, handling, inspection, transportation or maintenance of tractors, agricultural machinery, equipment, vehicles and tools;

c)The works at heights and in confined spaces, including silos and storage tanks for agricultural products;

d)The manual handling of loads and other ergonomic risk factors;

e)The exposure to noise, vibrations and solar radiation;

f)The exposure to dusts generated in activities such as the plowing of the land, the production of diverse grains, legumes and other agricultural products; the packaging and transfer of the crops;

g)The biological dangers, such as harmful flora and fauna, as well as the risk of contracting diseases through the sting or bite of insects or animals that transmit them;

h)The extreme environmental conditions, as well as exposure to atmospheric electrical discharges;

i)The generation of static electricity and the risk of fire and/or explosion in silos and storage tanks for agricultural products, and

j)The psychosocial risk factors that could affect the field employees;

XIX.To observe the applicable provisions of the Mexican official standards in matters of safety and health at work, especially, in the case of women, pregnant or breastfeeding women and the prohibition of exposing minors to health risks.

The employee may refuse to render the work, without this causing them loss or reduction of the wage, when there exists imminent danger of harm to their safety and their health.

The Mexican Social Security Institute (IMSS) may enter into agreements with the employing persons for the fulfillment of the obligations set forth in sections VI, VII, first paragraph, and XIII of this article, in accordance with the applicable provisions of the Social Security Law.