One Page Bio
Practice Groups
Experience
Education & Admittance to Practice
Published Works
Insights

Ana Paula Delsol Espada

Of Counsel || Mexico City

Practice Groups

Employment Law, Workplace Safety and Health, Mergers and Acquisitions, Cybersecurity and Privacy, Global Reorganizations

Ana Paula Delsol Espada is one of the founding members of Ogletree Deakins in Mexico. She was part of the office opening on 2014, she rejoined on 2021 working on 2020 at a Band 1 M&A & Finance Mexican Law Firm. Before that she worked at a leading full service firm in Mexico City with the Labor, Social Security and Immigration Practice Group and at a Civil Court in Tamaulipas, Mexico as an Agreements Secretary’s assistant.

Ana speaks both Spanish and English.

Ana Paula’s practice principally focuses on employment consultancy, including preparation and enforcement of internal policies, employment agreements and employment terminations; compliance analysis on employer’s obligations, safety and health obligations, day-to-day employment situations; litigation before the Labor Courts, Ministry of Labor and Welfare and Mexican Social Security Institute; as well as Data Privacy compliance in Mexico.

Practice Groups

Employment Law, Workplace Safety and Health, Mergers and Acquisitions, Cybersecurity and Privacy, Global Reorganizations

Learn more about Ana Paula Delsol Espada

Experience

Supported Mexican and foreign company´s human resources departments on employment advice, such as preparation of job offer letters, onboarding documents including employment agreements, amendments, internal work regulations, code of ethics, internal policies, joint committee´s records, and others to comply with Mexican Federal Labor Law.
Provides legal advice on day-to-day employment matters, since planning the strategy up to the conclusion, such as, employment terminations with and without legal cause, investigations on harassment and sexual harassment, leaves of absence, paid time off, implementation of disciplinary actions, overtime payment and others.
Experience on processes before the Mexican Social Security Institute, from the outset up to its conclusion, such as employer registration and unregister, employer substitution, maternity, sick and work hazard leaves grated by said Institute, as well as ensure that employees’ contribution base salary calculation complies with applicable law.
Assisted and participated in employer substitution processes, since planning the strategy up to its conclusion, including preparation of documents, enrollment before Mexican authorities, prepare and notify employees of the process, ensure that all stages of the process comply with applicable laws.
Assisted and participated in outsourcing compliance, since the corporate structure analysis up to its conclusion, including preparation of memorandums, necessary documents, working and coordinate with co-counsels for corporate and tax matters as well as implement any necessary actions and processes to comply with the outsourcing regime.
Assisted on advising and ensuring compliance with the Mexican Official Standards (Normas Oficiales Mexicanas or NOMs for its acronym in Spanish) related to employment relations and safety and health in the workplace.
Assisted on inspections practiced by the Ministry of Labor and Welfare in order to verify compliance in various aspects, such as “general labor conditions” and “health and safety” matters.
Assisted on administrative litigations before the Ministry of Labor and Welfare (risen upon fines imposed in the inspection processes), from the outset up to its sentence and, if applicable, challenged these before the Federal Court of Justice for Tax and Administrative Matters.
Experience on litigation processes before the Federal or Local Labor Courts.
Experience on labor matters, such as collective bargaining agreements’ negotiation, preparation, annual and biannual renewals and terminations; litigation before Labor Courts in connection with collective bargaining agreements’ ownership, calls for strike, as well as claims to renew said agreement.

Education & Admittance to Practice

Education

LL.M., Northwestern University Pritzker School of Law, 2019
Law degree, Universidad Anáhuac México Norte, 2014

Admittance to Practice

Mexico

Published Works

May 17, 2019 - Ogletree Deakins International Employment Update - "Mexico: Mexican National Commission on Minimum Wages Approves an Increase to the 2019 Daily General Minimum Wage"
March 25, 2019 - SHRM Online - "How to Legally End Mexican Work Relationships"
January 3, 2019 - SHRM Online - "Mexico: Daily General Minimum Wage Increased"

Insights by Ana Paula Delsol Espada

For Employers in Mexico, the Countdown for Distributing Profit-Sharing Payments Begins: 9 Frequently Asked Questions

Under the law of Mexico, companies must distribute profit-sharing (PTU) payments to employees by May 30 of each year. This article addresses several frequently asked questions about the PTU requirements.

Mexico’s Minimum Wage Set to Increase on January 1, 2023

On December 1, 2022, Mexican President Andrés Manuel Lopez Obrador announced that, unanimously, the business and labor sectors, as well as the government, had agreed to increase the minimum wage by 20 percent for 2023, which will be applicable in the Free Zone of the Northern Border (Zona Libre de la Frontera Norte or ZLFN), as well as the wage applicable in the rest of the country.

Mexico’s Pending Health and Safety Rules on Teleworking: What Do Employers Need to Know?

On January 11, 2021, the federal government published a decree in the Official Gazette of the Federation, amending the Federal Labor Law (FLL) to regulate the terms and conditions, employer and employee obligations, and safety and health measures related to telework. Telework is regulated by a special chapter of FLL and the telework designation is applicable whenever work is performed more than 40 percent of the time at an employee’s home or at a domicile that the employee has chosen and on which the employee has agreed.

The Right to Disconnect Under Mexico’s Telework Regulations—What Does It Mean for Employers?

On January 12, 2021, the right to disconnect (known in other countries as the “right to digital disconnection”) became an employment right in Mexico for employees in telework arrangements, with the publication of an amendment to the Federal Labor Law (FLL) in the Official Gazette of the Federation (Diario Oficial de la Federación) the day prior.

Mexico’s New Minimum Wage for 2022

The Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos or CONASAMI) approved, by a majority vote on December 01, 2021, an increase to the daily minimum wage applicable in Mexico (including the corresponding amount applicable in the Free Zone of the North Border (Zona Libre de la Frontera Norte or ZLFN).

Mexico’s Registry of Individuals or Legal Entities That Render Specialized Services or Execute Specialized Works

On May 24, 2021, the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) (STPS) published guidance under the recently amended Mexican Labor Law in the Official Gazette of the Federation clarifying the outsourcing registration requirements for individuals and entities that provide subcontracting services. The amendment generally prohibits employers from subcontracting or outsourcing personnel, but includes carve-outs and exceptions under limited circumstances. The following provides a basic overview of the STPS outsourcing registration guidance.

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