What are the requirements relating to advertising positions?
Employers have the right to freely advertise vacancies and positions. Recruitment processes must be done carefully so as not to create a labour relationship while making assurances and provisions in writing. Offer letters must always be contingent on written acceptance by both parties and background checks. Even though solicitation is permitted, it is important not to advertise positions establishing requirements which are not essential (eg, race, religion, gender, social status, physical appearance or any other category that could fall under a suspicious practice of corporate discrimination).
What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records?
Employers can freely ask any candidate and can also conduct legal searches with applicable authorities.
(b) Medical history?
Employers can freely ask any candidate.
(c) Drug screening?
Employers may require screening and would be obliged to secrecy. If positive, the employer must be careful not to deny employment solely on the basis of a positive result.
(d) Credit checks?
Credit checks are applicable.
(e) Immigration status?
It is an obligation to inquire about immigration status and to resolve all migratory issues before hiring a foreign candidate. If the Migration Institute realises that foreign nationals are working without permission, employees may be subject to deportation and the employer would be liable to pay penalties and fees.
(f) Social media?
This is private information and direct involvement by an employer could be considered an offence.
Employers can use any information that is publicly available, but must never pry or infiltrate social media, email or other closed personal accounts. Before offering employment, employees may be subject to drug screening and must sign a waiver. While recruiting, employers need to maintain objectivity and must never deny employment due to race, sexual preference, appearance, colour, religion or other aspects that may imply discriminatory practices.
Wages and working time
Is there a national minimum wage and, if so, what is it?
National minimum wage changes yearly; for 2018 it is Ps88.36 per day.
Are there restrictions on working hours?
In accordance with the Organisation for Economic Cooperation and Development, Mexico has an average working week of 43 hours, which is legally capped at 48 hours per week. Everything above 48 working hours in a week is considered overtime, which is also capped at nine hours per week (maximum three extra hours over three days). These hours must be paid at 100% of the normal rate and should an employee work over the nine hours, each subsequent hour must be paid at 200% of the normal hourly rate.
Hours and overtime
What are the requirements for meal and rest breaks?
Federal labour law establishes that during a continuous working day (eight hours per day), the employee must be given a rest or meal period of at least 30 minutes. If the employee cannot leave the workplace during the rest or meal period, the time corresponding to such periods is to be counted as time worked and included as part of the working day.
How should overtime be calculated?
Overtime is capped at nine hours per week (maximum three extra hours over three days). These hours must be paid at 100% of the normal rate, and if in any case an employee works over the nine weekly hours, each subsequent hour must be paid at 200% of the normal hourly rate.
What exemptions are there from overtime?
In case of emergency or imminent risk at the workplace, the employee must work regardless of overtime.
Is there a minimum paid holiday entitlement?
After one year of employment, an employee is entitled to a vacation period of six working days. This increases by two days over the next three years until the employee reaches 12 vacation days per year. Thereafter, the vacation period increases by two days for each additional five years of service. Vacations must be enjoyed during mandatory working days.
Years of service
Number of vacation days
5 to 9
10 to 14
Compulsory holidays are observed on 1 January, 5 February, 21 March, 1 May, 16 September, the third Monday of November, 1 December (every six years), 25 December and any day that election law mandates to exercise the right to vote.
Employees that work a mandatory holiday are entitled to 200% of the normal rate per working day.
What are the rules applicable to final pay and deductions from wages?
As a general rule of law, deductions in wages are prohibited unless the following applies:
- reimbursement of balance owed by the employer for anticipated wages;
- a calculation error has occurred and the employer has overpaid;
- acquiring goods are produced by the employer;
- the resultant balance is a result of slip-ups, misplaced equipment or errors; and
- other deductions, including union payments, maintenance or child support as mandated by applicable courts.
In all cases, deductions must be warranted and in writing. In no case can any deduction be for more than one month’s salary.
What payroll and payment records must be maintained?
All records must be kept by the employer as procedural burden of proof. Responsibility for employment conditions lies exclusively on employers. Payment records must be signed by the employee on receipt and kept safely in the workplace. Any and all payments made for statutory benefits must also be signed on receipt and kept by the employer.
Click here to view the full article.