translated from Spanish: Discriminatory, not give domestic workers IMSS: Court

the Supreme Court of Justice of the nation (SCJN) determined that it is unconstitutional to exclude workers from the home of the mandatory regime of the Mexican Institute of Social Security (IMSS), and that employers are not required to sign them.
On Wednesday, the Supreme Court accepted the draft of Minister Alberto Pérez Dayán of the direct amparo 9/2018, which determined that constitutionally valid reason by which the Federal labour law and the law of the IMSS exclude domestic work there is no of the compulsory social security scheme, which they considered “causes an unfair discrimination against these workers”.

The @SCJN declared discriminatory to exclude domestic workers from the compulsory scheme of IMSS: https://t.co/oMhFLVF6R0 pic.twitter.com/aP27nJBd5t – Supreme Court (@SCJN) December 5, 2018 “leave out the domestic work of the compulsory scheme of IMSS affects disproportionately women, because statistically the household work is performed predominantly by them (nine of every ten domestic workers are women, according to the Inegi) “, said the Court in a statement.”
Read: Maintain informal home work leaves unpunished crimes against workers in accordance with the Supreme Court, domestic work has traditionally been subject to long hours, low pay and conditions far from the concept “decent work”, which “implide workers access to social benefits and build a project of life under equal conditions”.
For this reason, granted the amparo that will be knowledge to the IMSS of this discriminatory situation, and ordered that a prudent time (first half of 2019) the Institute implements a ” pilot program ” that has as purpose design and execute a special regime of social security for home workers.
This scheme must contemplate administrative facilities that allow them to the employers obligations simple and clear and will have to be easy to implement for patterns, which are mostly housewives or parents.
You can interest: the invisible people that Cuaron speaks: Mexico thousands of domestic workers have no social security in accordance with the amparo granted, registration will not be voluntary, but mandatory.
Within one period not exceeding 18 months from the implementation of the pilot referred, IMSS must propose to the Congress of the Union the necessary legal adjustments to the formal incorporation of the new special system of social security for women of the home.
The Court estimates that within a period not more than three years achieved was get social security “robust, effective and sufficient” for all domestic employees in the country.
Read also: the sole right of the domestic workers: claim for unfair dismissal direct Amparo 9/2018 was filed by a domestic worker who demanded the granting of benefits like constitutional indemnity, payment of wages fallen, aguinaldo, vacation, holiday, premium premium old and extraordinary time, as well as a retroactive registration before the IMSS.
Seven years ago, Mexico signed the Convention 189 of the the ILO, on behalf of the domestic workers; However, this was never sent to the Senate for ratification, and continues without doing so, despite the criticisms and demands of working and social organizations of the home.
On Wednesday, the Senator Patricia Mercado reported that they received in the Senate to a group of domestic workers, with whom a proposal is working to reform the Federal labour law, because today “working under a regime of exception”.
“We will for equality, not less,” concluded market.

We receive the @senadomexicano activists for the rights of people #trabajadorasdelhogar. A plural group will present an initiative to reform the Federal labour law. Today they work under a regime of exception; We are going for equality, not least. #EstásYTeVeo pic.twitter.com/QWNZBfOb5h – Patricia Mercado (@Pat_MercadoC) December 4, 2018

Original source in Spanish

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