The employment relationship in Mexico is governed by Article 123 of the Constitution and by the Federal Labor Law (Ley Federal del Trabajo or LFT). Foreign investors should be aware that Mexican labor law is basically protectionist in nature.
The law is built around the idea that there is an inequality in bargaining power between the employer and the employee. All rights are inalienable, and an employee cannot agree (voluntarily or not) to waive their rights to severance, benefits, overtime, etc.
The burden of proof in practically all labor matters is on the employer. If an employee says they were fired without cause, the employer must prove they had just cause for dismissal. This almost always requires a high level of record-keeping. Strict compliance becomes a survival mechanism in this environment, and not simply a legal nicety.
1. Employment Contracts
In Mexico, the employer-employee relationship begins without the necessity of a contract, simply with the performance of a personal subordinate service. Of course, without a written contract, an employer is helpless in court. Contracts must be in Spanish.
- Indefinite Term Contract (the default) – The law presumes an indefinite relationship and full severance rights
- Fixed-Term Contract – Very limited to when the nature of the work itself is temporary, e.g., a maternity leave replacement or to install a specific machine. May not be used to circumvent tenure.
- Probationary Period – Allowed by law up to 30 days normally, 180 days for managerial, technical, or specialized employees. Must be clearly and expressly written into the contract
- Training Period – As with probation, a period for initial training purposes of 3-6 months
Employers may not create an indefinite status with successive fixed-term contracts. The courts will pierce this arrangement and grant indefinite status to the employee.
2. Working Hours and Overtime
Normal working time per week is 48 hours. There is a current major reform process underway to decrease it to 40 hours per week. As of 2025, it’s under discussion in Congress, with some saying it could happen as early as 2026, if passed in a phased-in way. Employers need to be aware of this development since this will require a major shift in the structure and cost of shifts.
Maximum daily work periods are currently:
- Day Shift (6 AM – 8 PM) – 8 hours
- Night Shift (8 PM – 6 AM) – 7 hours
- Mixed Shift – 7.5 hours
Overtime is heavily regulated. The first 9 hours of overtime per week are paid at 200% of the hourly wage. Overtime after 9 hours per week is paid at 300%. Employees must be given one day of rest per week. Usually Sunday. If Sunday is a workday, then employees must be paid a Sunday Premium (Prima Dominical) of 25% on top of the daily wage.
3. Minimum Wage
The current government has raised the minimum wage historically as a way of regaining the purchasing power of the working class. The 2025 increase is another in a series of successive increases, with an increase of around 12%.
The monthly rates (approx.) as of 2025 are as follows:
- General Minimum Wage – MXN $8,475
- Free Zone of Northern Border (ZLFN) – MXN $12,764
The “Free Zone” includes municipalities along the border with the US with the objective of narrowing the economic difference that causes migration. The impact of these increases reaches beyond just the lowest wages, as there is an impact up the pay scale because contracts tend to be indexed to the minimum wage increases via unions.
4. Employee Benefits
Mexican law is very generous in terms of statutory benefits. They are called Prestaciones de Ley.
- Vacation (Vacaciones Dignas) – The 2023 reform more than doubled vacation. Vacation days accrue from day 1 at a rate of 12 days in year 1, increasing by 2 days per year until year 5 (20 days), then it increases by 2 days per 5 years from year 6 onwards
- Vacation Premium – 25% additional days of pay over and above the salary for each vacation day taken.
- Christmas Bonus (Aguinaldo) – At least 15 days of pay must be paid by December 20th. (As of 2025, there is pending (but not yet passed) legislation that will double the aguinaldo to 30 days)
- Profit Sharing (PTU) – The employer is required to pay 10% of its pre-tax annual profits to employees. The 2021 reform capped this payout to a level that had previously allowed exorbitant payouts for capital-intensive companies that may not have much in the way of human capital. The individual payout is capped at the greater of 3 months of salary or the average PTU received over the past 3 years. This was upheld by the Supreme Court in 2024
5. Payroll Tax or Social Contributions
The “Social Burden” is an expense that falls on the employer and amounts to a general 25-35% added on to the base payroll cost. The contributions are calculated using the Salario Base de Cotización (SBC). The SBC is a formula that combines the daily wage with fixed benefits, such as Aguinaldo and vacation premium.
The rates as of 2025 are:
- Social Security (IMSS) – 20% to 30%
- Housing (INFONAVIT) – 5%
- Retirement (SAR) – 2%
- Payroll Tax (ISN) – 1% to 3%
- Social Security – ~2.7% to 5%
The rates for companies in low-risk industries (offices) are much lower (~0.5%) than those with high accident risks (construction/mining ~7%). Rates are adjusted annually according to the accident history of the company
6. Termination and Severance Pay
Employer social contributions are not only complex in Mexico but are a significant additional cost to the base salary. We generally estimate this cost to be an additional 36.1% – 44.73% to an employee’s salary, making PEO’s expertise in this area invaluable to help navigate the variables and ensure timely compliance.
The primary area of complexity here is Social Security (IMSS) employer rates, which are not fixed. IMSS contributions vary from 7.58% to 25% of salary, based on salary tier and the employer’s individual assigned risk category for occupational risk.
Employers also must pay into the National Housing Fund (INFONAVIT) at 5.00% and the Retirement Savings System (SAR) at 2%.
Finally, the State Payroll Tax (Impuesto Sobre Nómina, ISN) rate is variable by location, such as the current 4% in Mexico City.
7. Foreign Workers
Article 7 of the Federal Labor Law states that at least 90% of a company’s employees must be Mexican Nationals. Foreigners can make up to a maximum of 10%. This applies in general to technical and operational personnel, but the ratio does not apply to Directors, Administrators, and General Managers.
All foreign workers must be on a valid visa sponsored by the employer (the employer must have a Constancia de Inscripción de Empleador). They have the same rights as Mexican workers.