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- Secretar? de Trabajo y Previsi? 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 the case of there being doubt as to the merits of a worker's complaint against an employee, how is that 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 employees in a company be Mexican nationals?

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

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, seasonal, occasional and temporary workers?

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.

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. Which employees 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?

Persons between the ages of 14 and 16 can only be employed under certain conditions (detailed in the Labor law); there are also restrictions on the types of jobs and the length of shifts for persons between 16 and 18.

12. What should be included in the 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.