• TRANSGRESSIVE BEHAVIOUR
MEXICO
“While the legal framework is in place, the practical
Building inclusive work cultures in Mexico
safe spaces for dialogue, where employees feel comfortable discussing issues without fear of retaliation. This can involve the establishment of confidential reporting mechanisms and the assurance that all complaints will be taken seriously and handled in accordance with the law. Furthermore, companies can benefit from fostering a culture of accountability, where leadership is seen to model appropriate behaviour and where there is a clear and consistent response to transgressions. This not only reinforces the company’s commitment to a safe and respectful workplace but also helps to build trust among employees, which is essential for the successful implementation of these policies. Q4 What changes do you feel corporations have to make to challenge transgressive behaviour – and meet changing expectations from employees? Employers can change by visualising the need to adapt and evolve to meet the evolving expectations of employees,
be resistance to the changes brought about by these legal reforms. This is often due to the historical relationship between labour unions and employers, where the protection of workers’ rights might be compromised in favour of keeping industrial peace. The gap between law and practice is a significant issue, and while there is growing awareness and activism around these topics, changing deeply rooted cultural attitudes will take time. The challenge for Mexico is not only in enforcing these laws but also in fostering a cultural shift that supports the full realisation of these legal standards, so that awareness translates into a change of mindset to change the cultural influence on issues like corruption, discrimination, gender violence, and disrespect to human rights. Q3 How do employers in Mexico balance inclusion and cultural sensitivity with protecting company ethos? Employers in Mexico face a complex task. This balance is essential in creating a workplace that is both legally compliant and culturally harmonious. One approach is through the development and implementation of comprehensive workplace policies that address transgressive behaviour in a culturally sensitive manner. These policies often include clear definitions of unacceptable behaviour, procedures for reporting and addressing complaints, and training programs that raise awareness of these issues among employees at all levels. Training programs are particularly effective in bridging the gap between legal requirements and cultural practices. These programs can be tailored to address specific cultural issues, such as machismo or hierarchical deference, and can help employees understand the importance of respecting both legal standards and cultural differences. Employers also need to create
application of these standards can vary.”
Cultural Change Initiatives: Corporations must change the
underlying cultural attitudes that allow transgressive behaviour to persist. This involves not only implementing training programs but also promoting values of respect, inclusivity, and equality. Leadership must take a proactive role in driving this cultural change through the company’s ethos. Strengthening Legal Compliance : Ensuring that policies are in full compliance with the latest legal standards is crucial. This includes regularly reviewing and updating policies on harassment, discrimination, and other forms of transgressive behaviour to reflect changes in the law and best practices. Improving Reporting and Response Mechanisms: Corporations should set up or enhance confidential, accessible, trustworthy systems for reporting transgressive behaviour. This may also involve third-party oversight to ensure impartiality in investigations and outcomes. Incorporating Diversity and Inclusion as Core Values: As the workforce becomes more diverse, corporations need to incorporate diversity and inclusion into their core values and business strategies. This not only helps to prevent transgressive behaviour but also ensures that all employees feel valued and respected, which can improve overall workplace morale and productivity. Adapting to Generational Shifts: As younger generations enter the workforce, their expectations regarding workplace culture and behaviour often differ from those of previous generations. Corporations need to be adaptable and willing to evolve their practices to meet these changing expectations, such as embracing more flexible work arrangements and placing a greater emphasis on work-life balance.
Edmundo Escobar Partner Escobar y Gorostieta, SC Lawyers
Q1 What is recognised as
implementation. This is particularly clear in the enforcement of laws against harassment and discrimination, where cultural resistance or lack of awareness might hinder full compliance with global standards. Q2 How does legislation around transgressive behaviour compare to cultural perspectives? Legislation in Mexico on transgressive behaviour is quite progressive, particularly in its alignment with international labour rights conventions. The legal reforms, particularly those introduced in the context of the USMCA, have significantly strengthened workers’ rights and provided clearer guidelines for addressing workplace transgressions. Culturally, however, Mexico presents a complex landscape. Traditional workplace hierarchies and deeply ingrained social norms can sometimes clash with the progressive intent of the legislation. For instance, while laws against sexual harassment and discrimination are robust, cultural attitudes towards gender roles and authority can make it challenging for victims to come forward. In many cases, there is a cultural reluctance to challenge authority figures, which can lead to underreporting of transgressive behaviour. Moreover, in some sectors, particularly those with strong ties to traditional labour unions, there can
‘transgressive behaviour’ in Mexico – and is it in line with global ‘standards’? In Mexico, transgressive behaviour in the workplace as in other latitudes is understood as conduct or action contrary to norms and legal standards. Under labour law these behaviours include verbal and physical violence, bullying, harassment (including sexual harassment), intimidation, discrimination, fraud, theft, negligence, insubordination, and breaches of confidentiality. Legally, the Federal Labour Law (Ley Federal del Trabajo) provides a framework to address these issues, emphasising the protection of workers’ rights and the establishment of a safe and respectful work environment. Mexican law has made significant strides in aligning with global standards, particularly with the reforms spurred by international agreements such as the United States-Mexico-Canada Agreement (USMCA). These reforms have introduced stricter regulations on labour rights, including the right to freedom of association, collective bargaining, and protection against transgressive behaviours. However, while the legal framework is in place, the practical application of these standards can vary. Cultural norms and the traditional hierarchical structures in many Mexican workplaces can sometimes lead to discrepancies between the legal standards and their
With over 35 years of experience in labour and employment including human capital management, including selection, recruitment, and personnel administration, Edmundo holds a Law degree from the National Autonomous University of Mexico, with specialised studies in Civil Law, Administrative Law, and Taxation from the Pan-American University. He also pursued Public Accounting at the Autonomous Technological Institute of Mexico and completed a Diploma in Management for Lawyers at Yale University, USA. Currently managing senior partner at Escobar y Gorostieta, S., active member in the Mexican Bar Association (BMA), the International Bar Association (IBA), has represent the World Employment Confederation (WEC) at the International Labor Organization (ILO). Additionally, was Vice President of the Latin American Employment Confederation (CLEM) and was professor at the National Autonomous University of Mexico (UNAM) Law School for over a decade.
corporations in Mexico need to implement several key changes:
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Escobar y Gorostieta, SC Lawyers The company was born in 1993 as a response to the needs of different customers to have comprehensive advice provided by experts in the various branches of law and disciplines related to the business. We have responded immediately to legislative changes, social, commercial and professional both in Mexico and abroad economic environment, which has helped maintain a flexibility that is reflected in the optimal quality of our services.
+52 55 8852 2784 e.escobar@eyg.com.mx irglobal.com/advisor/edmundo-escobar
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