If so, then you will need to learn the specifics of the country’s labor laws. There are many differences between Mexican labor laws and those of other countries.
This article will cover the recent changes made to Mexico’s labor laws. It will also provide information about cultural considerations, the average workday, labor unions, and payroll laws.
You will learn about the differences between employees and contractors in Mexico, along with how to successfully terminate employees.
Employers looking to hire in Mexico should take the time to familiarize themselves with the unique requirements of the labor laws.
Here’s everything you need to know to get started.
Recent changes in Mexican labor laws
Labor laws in Mexico have changed substantially over the last few years.
Some of these changes were the result of new rules defined by the United States-Mexico-Canada Agreement (USMCA).
This trade agreement replaced the North American Free Trade Agreement (NAFTA) for Mexico, Canada, and the United States in July 2020.
Before that, in 2019, Mexico enacted new rules to combat discrimination and unfair labor practices in the workplace. These rules require companies with employees in Mexico to create internal policies that help prevent issues of discrimination, intimidation, sexual harassment, and other problems, including the employment of children.
In 2021, Mexico tightened its employment laws regarding outsourcing. Now employees must register their services with the Ministry of Labor. This measure aims to encourage employers to consider hiring employees over contractors.
Some of the changes in Mexican labor regulations and laws have made life easier for employers.
For example, companies used to be subject to regular inspections for compliance.
According to the new rules, many can now self-report through the Mexican government.
Self-reporting in this way is voluntary, but employers who self-report and are found to be in compliance receive certificates confirming their good standing.
Self-reporting inaccurate information can lead to additional inspections, fines, legal penalties, and other problems. As such, employers should not misuse its convenience.
Employers in Mexico must also be aware of the country’s various tax and income reporting requirements. For example, the Mexican government requires 3% of employees’ total salaries to be submitted monthly.
Minimum wages in Mexico
In January 2024, Mexico’s minimum wage was raised to 248.93 pesos (appr. $14.50 USD) per day. The minimum wage in the North Border area, where the cost of living is higher, was raised to 374.89 pesos ($21.83 USD) per day.
Minimum wage : Employers must pay at least the national minimum wage set by the government.
Profit sharing (PTU) : Employees are entitled to share in the company's profits, which are usually distributed annually.
Paid vacation : Employees are entitled to a minimum of six days of paid vacation after one year of service, which increases with seniority.
Vacation bonus : Employers must pay an additional 25% of employees’ salaries during vacation periods.
Christmas bonus (Aguinaldo) : Employees are entitled to a yearly bonus equivalent to at least 15 days of salary, payable by December 20.
Social security : Employers must enroll employees in the social security system, which covers healthcare, maternity, disability, and retirement benefits.
Housing fund (INFONAVIT) : Employers must contribute to the national housing fund to support employees in obtaining housing loans.
Retirement savings (AFORE) : Employers must contribute to employees' retirement savings accounts managed by private pension fund administrators.
Parental leave : Female employees are entitled to 12 weeks of paid maternity leave, and male employees are entitled to 5 days of paid paternity leave.
Mandatory rest days : Employees are entitled to a weekly day of rest — typically Sunday — and additional rest days for public holidays.
Cultural considerations in Mexico
As you establish your business in Mexico, you’ll want to consider some unique cultural factors that impact how people relate to their employers and coworkers.
For example, people in Mexico value establishing and maintaining relationships in the workplace. For instance, your employees might start the day by engaging in small talk for a few minutes.
As in many other countries, agreements between Mexican employers and employees should be formalized in writing. This type of business is often conducted in person rather than over the phone or through email. It is not uncommon for meetings to occur over a lengthy breakfast or lunch.
You should also be aware of differences in body language. Strong eye contact and close body positioning are considered a sign of respect in Mexico.
In addition, punctuality and meeting deadlines are loosely enforced.
Understanding these differences will go a long way in establishing a satisfactory work environment for your employees and contractors in Mexico.
The average workday, vacation days, and PTO in Mexico
The average workday in Mexico is divided into three shifts:
The day shift occurs between 6 am and 8 pm
The night shift occurs between 8 pm and 6 am.
Swing-shift workers have a 7.5-hour mixed shift divided between the day and night shifts.
Federal law allows for paid time off (PTO) for federal holidays and vacation days. A new regulation guarantees employees who have worked at least one year for their company 12 days off annually.
Unlimited PTO is not a common provision in Mexico.
Sick leave is offered if the employee has paid into their social security for at least four weeks. They will then receive 60% of their pay while on leave.
Employees can receive up to 52 weeks of sick leave if they provide a medically authenticated certificate with proof of illness or disability.
Mothers are given 12 weeks of maternity leave, while fathers receive five days.
Now that you know more about the average workday and leave policies in Mexico, let’s look at how labor unions will affect your business.
Labor unions in Mexico
Labor union laws in Mexico require unions to provide represented workers with direct input during labor negotiations.
Unions cannot agree on new collective bargaining agreements without the approval of the workers being represented. Unions in Mexico also place a greater emphasis on protecting workers with seniority.
To prevent the fracturing of worker representation, Mexican law generally prevents employers from entering into more than one agreement with more than one union. Should a company or workforce necessitate additional representation, government processes exist to determine which union, if any, will represent the workers.
All collective bargaining agreements in Mexico must be approved by the majority of workers before being accepted and filed with the appropriate agencies. Agreements do not go into effect until this process has been completed.
Legal strikes in Mexico require workers to submit proof that they are represented by an appropriate union.
Courts in Mexico act as mediators, and legal strikes cannot begin until the union and employer have attempted to reconcile their differences before a judicial entity.
Payroll laws in Mexico
Companies with Mexican employees must either establish their own local legal entities within the country, or work with an employer of record (EOR) services provider, such as Remote, who can employ in Mexico on behalf of the company.
Establishing an entity can take several months and cost several thousand dollars, so most employers find it more affordable to work with an EOR.
Remote’s EOR services handle payroll, benefits, taxes, and compliance for employers in Mexico for a low flat rate .
According to Mexican law, employers of workers in Mexico cannot pay workers in U.S. dollars or at non-approved banks. All contracts must be written in the local language, and workers must be paid in Mexican pesos through banks approved by the government.
Employees must also pay a progressive income tax, which is determined by their salary.
Paystubs or payslips in Mexico require approval by the Servicio de Administración Tributaria (SAT), the revenue service of the Mexican government. Once payslips are approved by the SAT, employers can provide workers with copies.
Types of employment contracts in Mexico
If you plan to hire employees in Mexico , you must provide written contracts that outline the explicit terms of employment.
These contracts must include the following:
The employee’s identifying information (e.g., legal name and date of birth)
Job description
Employment length
Job location
Work schedule
Salary and payment dates
We’ll look at employment contracts first, and then segue into independent contractor contracts.
Employment contracts
There’s a variety of contracts for different employment situations. For employers, the types of contracts they enter into with their hires will affect their ability to terminate them.
Here are the typical employment contracts used in Mexico:
Definite contracts
Definite contracts are for a specified time frame with an expiration date. They’re used for temporary or project-based employment.
Indefinite contracts
Indefinite contracts are the most common contract type. An indefinite contract has no specified end date. Instead, it ends when both parties (employer and employee) agree, the employee resigns, or the employee is fired for cause.
Probationary contracts
These are short-term contracts used to evaluate a new employee's performance before offering them a permanent position. They typically last 30 to 180 days.
Seasonal contracts
These contracts are defined by specific seasons or periods during which the work is needed. They’re commonly used in agriculture and tourism.
Training contracts
These work agreements are designed to provide vocational training to young workers. They usually have both work and instruction components.
Work or service contracts
Work contracts are established for the completion of specific projects or services. They terminate when the project or service is completed.
Part-time contracts
These are contracts for employees who work fewer hours than the standard full-time hours, with proportional benefits and rights.
Outside of short-term contracts, employers should seek to employ workers as full-time employees through an EOR or local legal entity, whenever possible.
Independent contractor contracts
Contractors in Mexico operate much the same as contractors in other parts of the world.
Employers are not allowed to require specific work hours or oversee work performed by contractors outside the delivery of the requested services.
The typical contract for freelancers and independent contractors in Mexico is generally referred to as a Service Provision Agreement (Contrato de Prestación de Servicios), which falls under the broader category of work or service contracts mentioned earlier.
These contracts are not covered by the Federal Labor Law but by the Civil Code. They outline the specific services to be provided, the terms of payment, and other conditions without establishing an employer-employee relationship. This means that the contractor is not entitled to employee benefits under labor law.
Labor reforms in Mexico have increased the penalties for misclassification of workers in the last 10 years. Exclusivity deals, including non-compete clauses, can indicate an employment relationship to Mexican authorities and entitle contractors to benefits as if they were employees.
Companies attempting to use contractors in Mexico without understanding the rules for doing so may run into permanent establishment risk, which can carry heavy penalties.
Terminating employees in Mexico
It’s important for employers to know that Mexico does not offer “ at-will employment.” This means it's not possible to terminate employees without cause at any time for any reason, so it can be more difficult to fire someone in Mexico than someone in the US.
Although employers in Mexico are not required to give advance notice for termination, they must document the cause.
Indefinite contracts, which cover most Mexican jobs, entitle workers to severance pay. Definite contracts are rarer and define a specific length of time or scope of work to be completed.
Employers do not have to pay severance outside of the agreed terms of compensation at the end of a definite contract.
Any employee who works for at least one month for an employer without a definite contract is assumed to be an indefinite employee.
Employees with even less time can also be considered workers on indefinite contracts in certain cases.
Companies should not depend on probationary periods for protection due to case-law insufficiencies.
Workers terminated on indefinite contracts can leave companies in one of three ways:
Voluntary resignation
Termination with cause
Termination without cause
Each provides severance benefits to workers, increasing in amount depending on the nature of the separation.
Global compliance made easy: How Remote supports TheyDo’s global teams
Operating across 25+ countries, TheyDo relies on Remote to navigate the complexities of international employment laws.
Remote ensures compliance with local labor regulations, simplifying onboarding, payroll , and benefits management. This partnership gives TheyDo peace of mind, knowing every hire is legally compliant and risk-free.
With Remote’s expertise, TheyDo has scaled efficiently, reduced compliance challenges, and focused on its mission of fostering collaboration and innovation while confidently managing a diverse, distributed workforce.
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Are you ready to navigate the labor laws in Mexico?
Labor laws in Mexico have changed substantially in recent years.
Employers who previously hired workers in Mexico may find that their old policies no longer apply. Those looking to hire their first workers in Mexico must abide by all applicable laws to remain compliant.
Understanding the relevant local labor laws is your first step toward expanding your business into Mexico. Connecting with a partner you can trust is the second.
Remote’s HR Management solution includes our expert EOR and HR services that companies of all sizes can use to confidently hire employees in Mexico and 170+ other countries .
Remote stays up-to-date on current Mexican labor, employment, and tax laws so that you don’t have to.
Remote also handles payroll, benefits, tax reporting, and legal compliance in Mexico so you can focus on growing your global business.
Find out more about how Remote’s comprehensive HR Management solution makes employment in Mexico easy.
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