in A landmark ruling for more than two million domestic workers in Mexico. The Supreme Court of that country has approved Wednesday a project to ensure the income of all domestic workers in the social security system in a shorter time period to three years. The highest body of Justice has described as "unconstitutional" the non-registration of wage earners in the Mexican Institute of Social Security (IMSS), and has determined that it will be mandatory for all employers, once they are arranged the conditions, enroll their employees.
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"domestic work has traditionally been subject to inadequate conditions, long days and low wages. Such treatment prevents the chance of a real access to social benefits that allow them to be protected against circumstances and unexpected events that affect their livelihood and income," says the statement released by the Court on this judgment, which reaches out to about 2.4 million people. The agency ensures, furthermore, that this lack of access to the public health service disproportionately affects women, as only one out of every ten workers in the home are men, according to data from the National Institute of Statistics and Geography of Mexico.
The ruling represents a challenge for mexican public health, which must establish the mechanism for the affiliation of women domestic workers, without turning it into a bureaucratic maze. According to the own statement of the Court, the system "should be easy" deployment. The judgment determines that the IMSS will need to establish a pilot program for membership during the first half of 2019 to design the strategy through which it will perform the registry. Once implemented, the entity will have up to 18 months to bring it to the Congress to formalize the new system. The agency of Justice suggests, in addition, to evaluate the possibility to excuse employers from having to register in the tax system in mexico, with the objective of facilitate the process. Until now, those who wanted to enroll their employees were doing it through their companies, in a regime of a moral person.
the director general of The IMSS, Germán Martínez Cázares, it has been expressed through the official Twitter account of the agency on the resolution of the Justice and has promised that shall be observed in the time laid down by the Supreme Court. In addition, he assured that they will from the hand of the organizations linked to the topic. "I have ordered you to engage in a dialogue with the civil society organizations to make a working, comprehensive, timely and clear," he said.
Marcelina Bautista, director of the Centre for Support and Training of domestic workers (CACEH), qualifies the Court's decision as historic. "For us it is a great step forward in this fight that we started 18 years ago. Until now, domestic workers only gave them social security voluntarily, that is to say, the pattern that I wanted to afiliaba its employee", pointing to this newspaper. However, the Baptist points to this measure as a first step in a long journey. "This sets a precedent and we want to participate in the pilot program because we have much to contribute".
The employment relationship between employer and domestic worker is not regulated in Mexico. The workers do not have a contract and your situation depends on the word of those who employ them. "Employers see us many times as a part of their families. And that is the principle of exploitation," says Bautista. The lack of a written agreement the leads many times, it explains, is not to enjoy the rights of any worker: set schedule, christmas bonuses, vacation.
however, the leader of CACEH highlights some cases in which their employers have had the intention of afiliarlas to social security, but have not been able to. "Nor the conditions are set for the patterns. There has not been a strategy to facilitate the registration," he says. As a step further on the path to formalize its status, the organizations that syndicate for workers in domestic service have led this Tuesday to the Chamber of Deputies a project to regularize their situation. The proposal, which is expected to be treated in the next weeks, sets the fulfillment of the rights of women domestic workers laid down in a convention of the International Labour Organization signed by Mexico and enter, even, a contract model to deploy.
To accompany the way the judiciary and the legislature, the organizations have arranged a series of screenings of the film Rome, Alfonso Cuarón, to raise awareness in the society about the treatment that is given to domestic workers. One of them was made Wednesday before the deputies. "We served so that people start to understand our situation and raised awareness," says Bautista.