Mexico: Employee rights

Original and updating authors: Mónica Schiaffino and Estefania Rueda Garcia, Littler

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Summary

• There are various rules for employees' hours of work, including overtime, and particular restrictions for night workers. (See Hours of work)
• Employees are entitled to minimum rest breaks, and daily and weekly rest periods. (See Rest breaks and rest periods)
• Employees' weekly rest day should be Sunday, although if an employee agrees to work on a Sunday they are entitled to a higher rate of normal pay. (See Sunday work)
• There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holiday and holiday pay)
• Pregnant employees are entitled to take up to 12 weeks' paid maternity leave, made up of six weeks before the birth and six weeks afterwards. (See Maternity and pregnancy rights)
• Employers are obliged to grant five days' leave to male employees in the event of the birth or adoption of a child. (See Paternity leave)
• Employees are entitled to take types of other leave including leave to care for a child diagnosed with cancer. (See Other leave)
• Employees who "disappear" as a result of being the victims of crime are entitled to remain on unpaid leave for up to five years. (See Victims of crime)
• Part-time workers have the same rights as full-time employees. (See Part-time workers)
• Fixed-term contracts are permitted only in certain circumstances. (See Fixed-term workers)
• Teleworking is subject to various specific rules. (See Remote workers)
• Where an "employer substitution" occurs, the employees affected automatically become employees of the transferee, and retain all of their existing employment rights. (See Transfers of undertakings)
• In the event of an employer's insolvency or bankruptcy, employees' pay-related claims are given priority in the distribution of its assets. (See Insolvency of employer)
• Disciplinary procedures must be set out in an organisation's "internal work rules" and employers must have appropriate channels for employees to raise concerns. (See Disciplinary and grievance procedures)
• There are various rules regarding the processing and use of employees' personal data. (See Data protection)
• Each undertaking must draw up a set of "internal work rules" dealing with various employment matters. (See Internal work rules)