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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 |
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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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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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.
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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.
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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.
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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.
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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.
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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)
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17. What is the minimum wage? |
| The
minimum wage is adjusted each year and is set by
profession. see
General Minimum wages for
2006
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| 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)
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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.)
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20. Can worker's wages be garnisheed? |
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Only for child
support. (Art 112.) |
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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)
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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)
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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)
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24. How is overtime pay compensated? |
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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)
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