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MEXICANLAWS
S.A. DE C.V.

MEXICO'S
IMMIGRATION LAW

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© 2000 - 2007
Glenn McBride
All Rights Reserved

Secretary: Ing. Francisco Javier Salazar Sáenz

www.stps.gob.mx

email: correo@stps.gob.mx 

STPS...

Secretaría del Trabajo y Previsión Social -

Secretary of Labor and Social Welfare

STPS - is the labor department - a cabinet level department under the Executive branch


FAQ - Frequently asked questions about Labor law in Mexico.

1. Does the Labor law differ from State to State in Mexico?

No, the Federal Labor Law, based on Article 123 of the Mexican Constitution, gives the Federal Government jurisdiction over labor law. The Secretary of Labor and Social Welfare (STPS- Secretaría de Trabajo y Previsión Social) is the Federal Ministry that has jurisdiction over Labor law enforcement. Health and Safety is under the jurisdiction of the STPS. State Labor delegations are considered auxiliaries of the Federal STPS. 

 

2. In case of there being doubt as to the merits of a worker's complaint against an employer, how is the case handled? 

It is stipulated in the law that when the there is doubt as to the merits of a complaint (demanda) against an employer, the resolution will always be in favor of the employee.

 

3. Can an employee give up any of his rights under the Labor law? 

Workers cannot give up any of their rights. Even if workers agree verbally or in writing to give up their right to overtime, vacation pay, holidays, or any other rights detailed in the Labor law, it is not valid. 

 

4. What percentage of Mexicans must be employed in any company in Mexico?

90% of all the workers in an establishment in Mexico must be Mexicans; Doctors employed in establishments must be Mexican nationals. Directors, Administrators, and General Managers may be foreigners.

 

5. Who is an employee? (trabajador) 

An employee is an individual that renders to another (company or individual) a service and is subordinate to the latter.

 

6. What is the difference between permanent employees (trabajadores de planta), seasonal (trabajadores de temporada), occasional (trabajadores eventuales), and temporary employees (trabajadores temporales)? 

All employees are permanent workers (trabajadores de planta) at the moment they start working, unless there is an express written contract that details a different relationship other than permanent. An employee that starts working for an employer that does not have a contract indicating otherwise is a permanent employee and is considered to have an indefinite, permanent contract. 
The seasonal worker (temporal) is someone who works at certain times of the year (many agricultural workers fall into this category). A temporary employee is someone who substitutes for another for a determined period of time (in writing). The occasional (eventual) employee is someone who performs a distinct, task, possibly an emergency repair. 

 

7. Which  employees are considered to be in positions of trust (trabajadores de confianza)?

Those who work in administration, security, accounting, and those who by the nature of their position are considered to have a certain personal responsibility to the employer.

 

8. How does this classification of employees in positions of trust (trabajadores de confianza) affect those workers? 

Certain of the legal rights of these workers are limited by this classification, for example:
They cannot belong to the same unions that other employees belong to, in practice this means that these workers do not belong to unions. Employees in this classification, when it comes to profit sharing can only participate based on 20% of the highest paid unionized worker. In the event of a resolution in favor of an employee, the employer cannot be compelled to reinstate an employee who is considered to be in a position of trust. These employees also cannot vote in the event of a strike.

 

9. Who is considered to be an employer?

An employer is a person or company that employs or sub contracts one or more persons that are subordinate to their supervision.

 

10. What employee should be given a labor contract and when?

All employees should be given a written contract before they begin working. If an employee starts working without a written contract, he is considered to be a permanent employee with an indefinite contract. 

 

11. What is the minimum age for employment in Mexico?  

14. Persons between the ages of 14 and 16 can only be employed under certain conditions (detailed in the Labor law); there are restrictions on the types of jobs and the length of shifts for persons between 14 and 16.

 

12. What should be included in a labor contract?

Name, nationality, age, sex, marital status, address of the employee and the employer. What type of employment, for a determined time or not, the tasks involved in the position, where the work is to be performed, the time of the shift, the salary, the day and place of payment, other conditions of the position. 

 

13. Can a worker be given a contract for a probationary period, say 30 days? 

An employee can be given a contract for a specific period; the norm is 30 days. If the worker works past the 30 day contract period, he automatically is assumed to have a permanent contract. You cannot call it a probationary period and you cannot do it more than once.

 

14. Can a worker be given a second 30 day probationary contract? 

Once the first 30 day period expires, the employee must be given a permanent contract or be paid the severance (liquidación) that applies to him/her. A worker already employed can be given a 30 day probationary contract for a new position; if he is not kept in that position after the 30 day period, he must be returned to his old position.

 

15. How many unexcused absences must a worker have in order to be terminated without having to pay severance?

More than 3 unexcused absences in a period of 30 days. (this means 3 1/2)

16. How many days vacation is a worker entitled to by the Labor

Law? 

All workers are entitled to an annual vacation of not less than 6

working days, 2 days are added for each year of employment until

reaching 12 working days after four years, 2 days are added every 5

years of employment. (Art. 76)

 

17. What is the minimum wage? 
The minimum wage is adjusted each year and is set by profession.

see General Minimum wages for 2006

 

18. Can a worker's wife or other relative pick up his pay? 
Only when the worker cannot pick it up himself and only with a

Power of Attorney (Carta de Poder) with 2 witnesses. (Art. 100)
 

 

19. Can a worker be paid with a check? 
No, wages must be paid in cash. It is permitted to arrange direct

bank deposits, if you make an ATM machine available.  (Art 101.)

 

20. Can worker's wages be garnisheed? 
Only for child support. (Art 112.)

 

21. Do workers share in profits from the first day of business?
The first year of operation of a new business is exempt from profit

sharing. (Art 126)

 

22. What is the normal work shift?
A normal work week is 8 hours a day, 6 days a week. The employers

and workers can agree to arrange the work shift to work longer hours

during the week and work less or not at all on Saturday.(Art 59)

 

23. Is the work shift the same for days, afternoons, and night shifts?
The maximum for the day shift is 8 hours, afternoons 7 ½, and

7 hours at night. (Art. 61)

 

24. How is overtime pay compensated? 
Overtime is paid double, over 9 hours in a week are paid triple.

Obligatory holidays are paid triple time. No one can be obligated to

work overtime. (Art. 67, 68)