labor secretary, Luisa Maria Alcalde admits they are finding some concern because there are employers Mexico they are not accepting permission covid that emits IMSS So that workers can reach disability due to contagion.
“We are going to launch a series of actions, a joint strategy with IMSS To prevent this from happening,” he insisted.
For his part, the director of IMSS, zoe robaldo, said that such measures have been implemented in the last two years and at different times.
“Today in 2022, given the increase in the number of infections, but fortunately there are very few severe cases, there are many” staff who are going into the module looking for a quick test to be able to process their covid permit, however, from monday we have this online tool www.imss.gob.mx or in app digital imss Where they can process from a questionnaire and without requiring a quick test, the permit is generated as evidence for their employer that the disability is to be covered,” he said.
“Just to give you some data, 66.9 percent of the people who go looking for rapid tests in December and January are looking for them because they are staff”, highlighted Robaldo.
“If we have a queue of 10 people, there are 7 staff Those looking for evidence to process a disability no longer need to do so”, he explained.
He stressed, “You have to raise awareness to identify these cases where they need a test as evidence to be able to give a disability or they are clearly being told that they have COVID. Permit is not enough.”
“This is not a matter of opinion, it is a legal issue, so we ask all employers in Mexico to treat it as such,” the IMSS director stressed.
Legal for employers to do COVID testing with their resources
It is perfectly legal for companies to carry out evidence employees, to effectively confirm whether they have covid, as long as the cost is borne by the employer, but it is illegal for them to want to force their employees to test with their own resources, said David Leal, a partner at Littler.
The labor law expert said, “Requiring employees to enter companies to be tested at their own expense would, from my point of view, not be legally appropriate for companies to do so.”
He admitted that generally Testing costs can be high Depends on each city and each lab, so it may not be fair for the worker to bear the cost.
But if the company tests when employees use the facilities, it will be fair and legally valid, because at the end of the day what they are trying to protect is the wellbeing and health of the workplace. Is. Spread or spread within the workplace itself, the labor lawyer insisted.
In a strict sense, employers may require that employees test IMSS Family Medicine Units Because Social Security is paid for at the end of the day, you need to keep in mind that clinics have long queues to get tested, so you have to consider the potential delays that could cause employees and the risk of being in a place where testing is done. to have more population.
Regarding the COVID permit, he pointed out that the system was already in place and it was suspended as the cases declined global pandemic, However, with the arrival of Omicron, the infections are gone and it has been reactivated.
If it works as it did in the beginning, it is a relatively quick and simple process, which will guarantee the rights of the worker, and will prevent the employer from spending, due to the inability that the worker has to perform his duties. may have to.