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Comprehensive Guide to Employment Law in Mexico
If you're planning to hire in Mexico, it's important to get familiar with the country's employment laws. These regulations help ensure fair treatment when hiring, managing, or letting go of employees.

The Ley Federal del Trabajo (Federal Labor Law), together with its later amendments, is the primary law governing working conditions, wages, mandatory benefits, leave, and termination for most private-sector employees in Mexico.

Employment Law in Mexico

Employment relationships in Mexico are primarily governed by the Ley Federal del Trabajo (LFT), which implements Article 123 of the Mexican Constitution. It is supported by the Social Security Law (administered by the IMSS), the INFONAVIT housing-fund law, and the Income Tax Law. These rules apply to Mexican and foreign employees working in the private sector, whether on fixed-term, seasonal, or indefinite contracts.

The LFT sets the minimum standards that every employer must meet, covering areas such as:
  • Working hours, rest periods, and overtime
  • Minimum wage, the year-end bonus (aguinaldo), and profit sharing (PTU)
  • Paid vacation and other leave entitlements
  • Termination, notice, and severance pay
Employer rights under the LFT are considered non-waivable minimum rights. Any contract clause offering less than the statutory minimum is void, and non-compliance can lead to fines, back-pay orders, and labour-court claims.

Employment Contracts & Probation

The LFT requires the employment relationship to be documented in a written individual contract. If no written contract exists, the law places the blame on the employer, and the employee is still presumed to enjoy all statutory rights. Contracts are indefinite by default; fixed-term, project-based, or seasonal contracts are only valid where the nature of the work justifies them.

The law permits a probationary period (periodo a prueba) of up to 30 days for general roles, extendable to 180 days for management, technical, or specialised positions. Initial-training agreements (contratos de capacitación inicial) follow similar limits. Probationary employees receive full pay, benefits, and social-security coverage; if they are not retained, a workplace evaluation committee must first find the role was not satisfactorily performed.

Working Hours, Overtime & Rest Days

The LFT defines three shift types, each with its own weekly cap:
  • Day shift (between 6:00 and 20:00): up to 8 hours per day and 48 hours per week.
  • Night shift (between 20:00 and 6:00): up to 7 hours per day and 42 hours per week.
  • Mixed shift: up to 7.5 hours per day and 45 hours per week.
Overtime is capped at 3 hours per day and no more than 3 times per week (9 hours total). Employees are entitled to at least one full paid rest day for every six days worked, preferably Sunday. Employees who habitually work on Sunday earn an extra Sunday premium (prima dominical) of 25% of their daily wage. Overtime and holiday-work premiums apply as follows:
Type of work
Minimum pay rate
Overtime — first 9 hours per week
200% (double the hourly wage)
Overtime — beyond 9 hours per week
300% (triple the hourly wage)
Work on a mandatory public holiday
Normal day's pay plus a 200% premium (triple pay in total)
Habitual Sunday work (prima dominical)
Additional 25% of the daily wage
Type of work
Minimum pay rate
Overtime — first 9 hours per week
200% (double the hourly wage)
Overtime — beyond 9 hours per week
300% (triple the hourly wage)
Work on a mandatory public holiday
Normal day's pay plus a 200% premium (triple pay in total)
Habitual Sunday work (prima dominical)
Additional 25% of the daily wage

Minimum Wage

Mexico sets a daily minimum wage that is re-decreed each January by the National Minimum Wage Commission (CONASAMI). There are two geographic bands: a general nationwide rate and a higher rate for the Northern Border Free Zone (Zona Libre de la Frontera Norte).

For 2025, the general minimum wage was MXN 278.80 per day and the northern-border rate was MXN 419.88 per day. From 1 January 2026 these rose to MXN 315.04 per day (general, up 13%) and MXN 440.87 per day (northern border, up 5%) respectively. Some occupations also have separate "professional" minimum wages. The rate is a floor that cannot be reduced by contract; employers should confirm the current CONASAMI figures, as they change annually.

Leave Entitlements

The LFT guarantees several categories of paid leave. The headline reform in recent years is "vacaciones dignas" (dignified vacations), effective 1 January 2023, which doubled first-year paid vacation. Employers may offer more, but never less, than these statutory minimums.

Annual Vacation (Vacaciones Dignas)

Employees who complete one year of service are entitled to at least 12 paid vacation days. Entitlement then grows by 2 days each year until it reaches 20 days at year five, and by 2 days every additional five years thereafter. Vacation must be granted within six months of completing the service year.
Years of service
Paid vacation days
1 year
12 days
2 years
14 days
3 years
16 days
4 years
18 days
5 years
20 days
6 – 10 years
22 days
11 – 15 years
24 days
Years of service
Paid vacation days
1 year
12 days
2 years
14 days
3 years
16 days
4 years
18 days
5 years
20 days
6 – 10 years
22 days
11 – 15 years
24 days

Vacation Premium (Prima Vacacional)

On top of their regular pay during vacation, employees must receive a vacation premium of at least 25% of the wages corresponding to the vacation period. This premium is a separate statutory payment and cannot be absorbed into ordinary salary.

Sick Leave & Work Injury

There is no employer-paid general sick leave under the LFT. Instead, an employee certified as unable to work by the IMSS receives a cash subsidy from social security: 60% of wages for a general illness (from the 4th day) and up to 100% for a recognised work-related injury or illness. Employers are responsible for registering the incapacity and, for work injuries, are covered through the IMSS occupational-risk insurance.

Maternity Leave

Female employees are entitled to 12 weeks (84 days) of paid maternity leave, normally split as 6 weeks before and 6 weeks after the birth (the pre-birth portion can be partly transferred to after birth). Pay is provided by the IMSS at 100% of the registered wage, provided the employee has at least 30 weeks of contributions in the 12 months before the leave. Mothers are also entitled to daily nursing breaks after returning to work.

Paternity Leave

Fathers are entitled to 5 days of fully paid paternity leave on the birth or adoption of a child. Unlike maternity pay, paternity leave is paid directly by the employer.

Aguinaldo & Profit Sharing (PTU)

Two mandatory payments distinguish Mexican payroll from most other markets: the year-end aguinaldo and annual profit sharing. Both are statutory rights that cannot be waived.

Aguinaldo (Year-End Bonus)

Every employee is entitled to an annual aguinaldo of at least 15 days' wages, payable before 20 December each year. Employees who have not completed a full year receive a proportional amount based on days worked. Many employers pay more than the 15-day minimum as a competitive benefit.

Profit Sharing (PTU)

Employers must distribute 10% of their annual taxable profit among eligible employees as Participación de los Trabajadores en las Utilidades (PTU), generally paid by 30 May (60 days after the corporate tax deadline). Employees who worked at least 60 days in the fiscal year qualify. Half of the pool is allocated by days worked and half by wages earned. Following the 2021 outsourcing reform, each employee's PTU is capped at the higher of three months' salary or the average PTU of the previous three years.

Public Holidays

Article 74 of the LFT lists the mandatory paid public holidays (días de descanso obligatorio). These are distinct from the many religious and civic observances that are not legally required days off. The statutory holidays are:
  • 1 January – New Year's Day
  • First Monday of February – in commemoration of 5 February (Constitution Day)
  • Third Monday of March – in commemoration of 21 March (Benito Juárez's birthday)
  • 1 May – Labour Day
  • 16 September – Independence Day
  • Third Monday of November – in commemoration of 20 November (Revolution Day)
  • 1 October every six years – transfer of federal executive power (added in 2024)
  • 25 December – Christmas Day
  • Days set by federal/local electoral law for general elections
Employees required to work on a mandatory holiday are entitled to their normal day's pay plus a 200% premium (triple pay in total), as shown in the overtime table above.

Termination & Severance Pay

Mexico offers strong protection against dismissal: there is no concept of at-will employment. An employer may only dismiss an employee without liability for one of the "just causes" listed in Article 47 (such as dishonesty, violence, or repeated unexcused absences), and must give the employee a written dismissal notice stating the cause. Employment can otherwise end by resignation, mutual agreement, or expiry of a valid fixed term.

An employee dismissed without just cause may claim either reinstatement or constitutional severance. The typical severance package comprises:
Component
Entitlement
Constitutional indemnity
3 months' integrated salary
Seniority premium (prima de antigüedad)
12 days' wages per year of service (wage capped at 2× the minimum wage)
Additional indemnity (where reinstatement is refused)
20 days' salary per year of service
Back wages (salarios caídos)
Accrued wages from dismissal, capped at 12 months (plus interest thereafter)
Accrued benefits
Proportional aguinaldo, unused vacation, and vacation premium
Component
Entitlement
Constitutional indemnity
3 months' integrated salary
Seniority premium (prima de antigüedad)
12 days' wages per year of service (wage capped at 2× the minimum wage)
Additional indemnity (where reinstatement is refused)
20 days' salary per year of service
Back wages (salarios caídos)
Accrued wages from dismissal, capped at 12 months (plus interest thereafter)
Accrued benefits
Proportional aguinaldo, unused vacation, and vacation premium

Seniority Premium & Resignation

The seniority premium (prima de antigüedad) of 12 days' wages per year of service is also owed to employees who resign after 15 or more years of service, and to any employee who is dismissed (with or without cause) or who separates for a justified reason. Because unjustified-dismissal disputes are decided by the labour courts and back wages accrue during litigation, many employers negotiate a settlement agreement (convenio) ratified before the labour authority to close the matter cleanly.

Conclusion

Hiring in Mexico requires careful adherence to the Ley Federal del Trabajo and its recent reforms. Meeting the statutory minimums on working hours, the aguinaldo, profit sharing, vacaciones dignas, and severance—while keeping up with fast-moving changes such as the phased 40-hour workweek—builds a strong, compliant foundation for your workforce. Registering every hire with the IMSS from day one is essential. Consider working with an HR partner experienced in Mexican labour law to ensure a smooth and compliant hiring process.

Book a call with us today to learn how we can support your hiring needs in Mexico.

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