Employment Agreements In Mexico

9.2 What is the procedure for work-related complaints? Is mediation mandatory before a complaint can be filed? Does an employee have to pay a fee to file a claim? Is there legislation that defines the right to severance pay in the event of termination? How is severance pay calculated? When a substitution is triggered to the employer, the employment of transferred workers (for example. B seniority, benefits) remains as if the transfer had not taken place, and the seller and buyer will be jointly liable for six months, in accordance with the employer`s replacement communication, for all employment obligations (including social security obligations) for transferred workers. Employment contracts written in Mexico are mandatory. Each worker must enter into an individual employment contract with the employer and set the terms of employment. In Mexico, there is no „work at will.“ Each employment contract contains an implicit relationship between trust and mutual trust. In addition, employment contracts cannot contain a worker`s authorization to waive the legal grounds necessary for a reasoned dismissal by the employer and the minimum benefits prescribed by the federal labour law. If an employer has a reason to terminate an employment relationship, it is obligatory to inform the employee and the board of directors and to prove the reason for the dismissal. In the absence of essential motivations or evidence, a voluntary agreement will terminate labour relations if the worker is entitled to legal benefits and perhaps some form of compensation (each case must be dealt with individually for personal reasons). The FLL stipulates that the terms of employment must be written down and the most common way to do so is as an employment contract. When the workers are transferred, the new employer will assume all social security and labour security rights and obligations towards workers, as well as benefits, conditions and conditions related to labour relations; and the union remains as a worker`s representative and continues to be part of the collective agreement. The rights and benefits of the federal labour law are in the public interest and therefore cannot be repealed; However, in the event of termination of employment, the employer and the worker can enter into a full waiver and dismissal contract, which must be signed and approved by the relevant employment agency.

Waiver and release are usually accompanied by the payment of compensatory compensation or severance pay, including wages and benefits accrued. 6.1 Should workers be made redundant? How is the notice period set? Are there any restrictions or prohibitions on requiring a medical examination as a condition of employment? From the practical perspective of the comprehensive labour reform carried out in Mexico in 2019, it is remarkable to note that, although specialized labour tribunals have been established at the same time as a review of the procedure for labour and work processes, which await the opening of the courts before implementation, some aspects of the reform have immediately become effective and have a direct impact on the relationship between employers and new and new workers. Existing. , and has generated compliance obligations for companies that, if not met, will be met by fines by the Minister of Labour in the event of an inspection.