Mexico’s strong employment laws define a clear relationship between employees and employers. Staying well-versed on regulations regarding recruiting, hiring, and onboarding is essential for compliance.
Recruiting in Mexico
For hiring in Mexico, consider using a strong social media campaign to source candidates.
In Mexico, classified ads in popular newspapers often won’t reach the target audience, and job seekers do not typically call major companies to ask about openings.
During your hiring and recruiting processes, understand that the Data Privacy Law outlines how you can treat personal data to guarantee an employee’s privacy. Your employees should have a reasonable expectation of privacy during all data processing. Plus, the Data Privacy Law considers criminal data confidential and sensitive information. Requesting criminal history of a candidate may be considered discriminatory, and employers should only request such information if it is required by law due to the nature of the job position. You must have consent from the data subject or the employee to obtain such information. If you do a background check on a potential employee, make sure to provide a privacy notice.
Laws against discrimination in Mexico
Some countries have restrictions on interview questions that you can ask a candidate. While there is no specific legal guidance in Mexico as to what can be asked during an interview, employers should not ask questions that may be deemed discriminatory, and thus should stay away from questions regarding religion, sexual preference, or other sensitive topics related to a protected category.
Mexico employment laws
Employers are legally required to put together a strong employment contract in the local language, which should spell out compensation, benefits, and other termination requirements.
Office hours in Mexico typically run from 9 a.m. to 6 p.m. but can extend until 7 p.m. or later. There are 3 types of shifts for employees in Mexico:
- Day shift: 8 working hours, between 6 a.m. and 8 p.m.
- Night shift: 7 working hours, between 8 p.m. and 6 a.m.
- Mixed working day: 7.5 hours of work, between day and night hours.
Employees are entitled to overtime pay at 100% of their normal rate and 200% for any overtime greater than 9 hours within a week. Mexico’s employment laws limit work time to 8 hours per day, for daytime shifts, and 48 hours per week. Employers must give employees 1 day of rest for every 6 days worked.
Obligatory employee benefits include a minimum of 12 vacation days after 1 year of employment, paid public holidays, and a yearly vacation bonus.
Onboarding in Mexico
Once you hire employees in Mexico, you’ll need to onboard them smoothly. In additional to needing a compliant employment contract, companies will also need to consider implementing internal policies. Internal regulations are required for employers in Mexico, as well as certain policies around telework and prevention of psychosocial risks in the workplace.
Grow globally with G-P.
G-P never forgets that behind every hire is a human being. That’s why we’ve backed our fully customizable suite of global employment products with our robust team of HR and legal experts, so we can remain at your side, ready to support you as you build your global teams. With the #1 Global Growth Platform™, you have the recruitment tools and services you need to find your perfect full-time or contract match.
Contact us today to learn more about how we can help you recruit, hire, and onboard anyone, anywhere.