Emotional Salary and Mexican Administrative Regulation NOM-035-STPS-2018. Psychosocial risk factors at work, identification, analysis and prevention

Abstract

This article showed an interrelation for compliance with the Mexican Administrative Regulation NOM-035-STPS-2018, (October 2019), being mandatory for all entrepreneurs in Mexico; the great concern for compliance, and the inclusion of strategy based on the distinction of the emotional demand according to the nature of the job performed to create an emotional salary design strategy, selected under a case-by-case analysis, that could obtain adequate results to comply with this standard according to the economic activity being carried out.

Objective:

To describe and analyze NOM_035-STPS-2018 to clearly determine the rights and obligations derived from the obliged subjects: employers in México. Pointing out the importance of distinguishing the emotional requirement at work for an adequate inclusion of an emotional salary as one of the administrative measures that can be established to comply with this Mexican Administrative Regulation. (NOM in Spanish)

Methodology:

This article began with a review of the literature on the topic of psychosocial risks at work, in order to explore the indicators of risk measurement legal aspects. In this regard, in the state of the art, a vast investigation was found on the subject, however, the identification of legal risks associated with legal breach such as NOM-035-STPS-2018 is omitted.

It also analyzed the content a proposal form measuring these aspects on NOM-035-STPS-2018, psychosocial risk factors at work: identification, analysis and prevention. Regarding this standard in the current specialized literature in Mexico, a disclosure task has been carried out, analyzing the emotional requirement as a variable that affects job performance and its link with the design of the inclusion of emotional wages to comply with the established obligation.

As a main conclusion, two aspects derived from the previous proposal were pointed out: the distinction of the emotional demand in the performance of work and the use of case-by-case methodology and the degree of obligation related to the number of workers in the company, to decide the appropriate salary measure of each company.