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Mexico: Employee rights

Original and updating author: Mónica Schiaffino, Littler
Consultant editors: Isabel Pizarro Guevara and Hugo Hernández-Ojeda Alvírez, Hogan Lovells BSTL

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 he or she is 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' parental leave to male employees in the event of a birth or adoption of a child. (See Other leave)
  • 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)
  • 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". (See Disciplinary 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)