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The discussion of mental health and the obligation of employers worldwide. Mental health and employment in Mexico (by Juan José Díaz Mirón – VP Labour commission CONCAMIN)

  • There is a growing trend that implies that mental health be discussed alongside labour and employment regulation.
  • In Mexico, for example, the secretary/department of labour is competent to perform audits on working conditions and fine employers when the mental stability or mental health of employees is compromised by certain situations. Furthermore, employers with more than 50 employees are required to perform tests regarding employment conditions and their impact on the mental stability of employees (known as NOM 035).  This trend has several implications, only two of which we will touch upon.

First, it is by all means constructive and encouraging that mental health and the overall development of the individual be important in legislative agendas worldwide. Nevertheless, on the other hand, the conversation should be increased in regard to the shared responsibility and accountability of governments in this matter (not only employers).

In most cases, workplace interactions resemble perfect laboratory-type conditions to assess, determine or witness psychological experiments or to see all kinds of behaviours occur right before our eyes. The physical conditions, stress, interactions, and overall ambience of any company that is shared collectively by people that spend more time at the job than at home, create interesting trends and reactions that must be understood and appreciated by every human resource and legal specialist with substantial exposure to employment issues.

The Paragon of employment law blends graciously with social sciences, scientific research, psychology, leadership, technology, and many other areas to form what can be described as the extent of the worldwide employee population. It is in the workplace where employers and employees, much like our ancient predecessor’s form working social niches to reach goals, advance, and guarantee a livelihood for all the members. Now, in reference to these employees and employers, it is vital not to polarise and antagonise as it is essential to ascertain that what made ancient societies thrive was not the division of the members but, moreover, the ability to cooperate and obtain shared goals by collaborating and not necessarily competing internally with one another.

It is this collaborative essence of human behaviour that needs to be sparked by legislation and accepted by employers, employees, and worker unions as we progress toward a more technologically advanced society. It would be a terrible mistake to enact new laws with outdated misconceptions that promote differing interests in the workplace whilst, on the other hand, we might progress towards a more modern take on human behaviour by learning from our reality and much like ancient civilisations… evolve based on collaboration and complex social problem solving, not problem making.

Consequently, it is a fact that employers and the actual workplace are two of many important factors surrounding this new trend and discussion. Nevertheless, one must not forget other important players that are, in fact accountable and liable for the health and sustainability of populations. Government, at least in Mexico, is responsible for the right to health that the Mexican population ascertains (at least constitutionally), and it is a mistake to rely solely on, or even worse, blame employers for a lack thereof.

It is crucial that lawmakers, attorneys, and consultants worldwide escape from the binding delusion of common knowledge, comprehension, and intuition to actually enter into a deeper understanding of workplace issues. As Stephen Sloman and Phillip Fernbach stated in their research[1], humanity’s greatest accomplishments stem from two abilities: a) the division of cognitive labor and b) shared intentionality.

Cognitive labour is the ability to pursue one common goal (such as building a house), whilst shared intentionality refers to dividing the common goal into specific sub-goals and skills (plasterers, plumbers, woodworkers, etc.) that must take part in the shared intentionality of building the house. 

Regarding mental health and employment issues, governments and employers need to enter into deeper conversations and shared intentionality, for it is not through obligation but through cooperation that the gap between wellbeing and social sustainability may be bridged.

Like everything else, stability in the workplace and the avoidance of conflict, claims, and disagreement does not result from a bill in Congress or do not stem from the economic discussion but mainly from understanding social interaction. We must be far better at recognising and considering the social discourse, or at the very least, we need to recognise that the paradigm of labour legislation rests solely upon human interaction and group evolution.

In this case, the evolution of humanity and the workplace relies on the fact that mental health as part of overall health is a constitutional right of citizens, thus, an obligation of the state. Shared intentionality will be crucial in understanding that employers will play a crucial role but must not be left alone in a liability that entails more of a shared responsibility than what is now being discussed. 

It is not that mental health is not important, as it is crucial to learn that the wellbeing or health of every individual is at the core of government and employment. It is at this crucial point where now more than ever, psychology, medicine, politics, and social sciences should be part of a more robust legislative agenda.

 

Juan José Díaz Mirón – VP Labour commission of the Confederation of Industrial Chambers of Mexico (CONCAMIN)

 

 

[1] Stephen Sloman and Phillip Fernbac. (2017). The Knowledge Illusion: Why We Never Think Alone. USA