What to Know About Hiring Personnel in Mexico
One of the main advantages when nearshoring to Mexico is its cost-effective labor market. However, it’s important to understand the country’s labor framework to stay compliant and build a productive workforce. Here’s what you need to know:
Key Aspects of Mexican Labor Law
Mexico’s Federal Labor Law (Ley Federal del Trabajo or LFT) is the primary legal framework that governs labor relations in the country. It sets out the rights and obligations of both employees and employers, aiming to promote fair labor practices, decent working conditions, and social justice. The law applies to most employment relationships in Mexico and covers various aspects such as employment contracts, wages, working hours, rest periods, occupational safety, and procedures for labor disputes.
Key Principles of Mexican Labor Law:
- Worker Protection: The LFT strongly favors employees in legal interpretation, as it’s based on social justice and constitutional labor rights.
- No Employment at Will: Employees in Mexico cannot be dismissed without cause and without severance; labor laws are much more protective compared to countries like the U.S.
- Mandatory Benefits: Employers must provide specific benefits, including paid vacation, Christmas bonus (aguinaldo), profit sharing, social security, and severance pay if applicable.
Work Shifts and Hour Limits
The law classifies work shifts into three main categories: daytime, nighttime, and mixed shifts, each with specific rules regarding allowable working hours. These classifications are essential for ensuring compliance with labor standards and protecting workers well being. Below is an overview of each shift type:
Daytime
- Hours: between 6:00 a.m. and 8:00 p.m.
- Maximum daily duration: 8 hours.
- Maximum weekly duration: 48 hours.
- Working days: Monday to Saturday.
Night shift
- Hours: Between 8:00 p.m. and 6:00 a.m
- Maximum daily duration: 7 hours.
- Maximum weekly duration: 42 hours.
Mixed Workday
- Combination: Includes periods of the day and night shift, provided that the night period does not exceed 3.5 hours; otherwise, it is considered a night shift.
- Maximum daily duration: 7.5 hours.
- Maximum weekly duration: 45 hours.
Overtime Pay
Hours worked beyond the established workday are considered overtime and must be paid as follows:
- Up to 9 overtime hours per week: Paid at 200% of the regular hourly wage.
- From the 10th overtime hour per week onward: Paid at 300% of the regular hourly wage.
The law limits overtime to a maximum of 3 hours per day and no more than 3 times per week, meaning a total of 9 overtime hours per week.
Trial Periods
According to Article 39-A of the Federal Labor Law (LFT), when entering into an initial contract for an indefinite period or more than 180 days, a trial period may be established with the following maximum durations:
- Up to 3 months (90 days) for operational, administrative or general positions.
- Up to 6 months (180 days) for management, managerial, or positions requiring specialized technical knowledge.
During the probationary period, the employer may terminate the employment relationship without liability for payment of severance (liquidation), provided that there is objective evidence of lack of aptitude or performance, and the legal procedure is respected.
Minimum Wage
As of January 1, 2025, the official minimum wages set by the National Minimum Wage Commission (CONASAMI) are:
- General minimum wage: MXN 249.00 per day (USD 14.50)
- Northern Border Zone: MXN 374.89 per day (USD 21.80)
Mandatory Benefits by Law
Mexican employers are legally obligated to provide the following benefits:
Common Additional Benefits Offered by Employers
Many companies offer voluntary benefits beyond what the law mandates to remain competitive. These include:
- More than 15 days of Christmas bonus
- Savings funds (Fondo de Ahorro): Often matched up to 13% of salary
- Food vouchers (vales de despensa): Tax-exempt up to a limit (approx. 40% of UMA)
- Transportation assistance
- Private health insurance
- Life insurance
Employee Dismissal
Dismissal in Mexico can be with cause or without cause, but either way, it must follow legal protocol:
- Without cause: Requires a severance payment of
-
- 3 months of daily salary
- 20 days per year worked
- 12 days per year of seniority bonus (capped at 2x minimum wage)
- With cause: No severance required, but must be justified (Article 47)
Final Recommendations
Here are some best practices for hiring in Mexico:
- Always use written contracts, even for temporary roles.
- Register employees with the IMSS and INFONAVIT on day one.
- Keep detailed payroll records for compliance and audits.
- Partner with a local HR/payroll provider if you’re unfamiliar with local laws.
- Use a compliant payroll software
Mexico’s labor landscape is structured to protect employees but remains employer-friendly when properly managed. Understanding your obligations and offering attractive benefits will position your company as a competitive and responsible employer. For more insights into how shelter companies can help your business, consider contacting Mexcentrix and exploring case studies of companies that have successfully leveraged this model.
Mexcentirx can guarantee 100% compliance with labor laws and facilitate the process of hiring in Mexico. Contact us!