Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Labour and Employment
2.
Employment rights and representations
2.1
What, if any, are the rights to parental leave, at either a national or local level?
 
Mexico
Fathers have a right to five days’ paid leave from the date of delivery or adoption.

Mothers have a right to six weeks’ pre-natal paid leave prior to the expected delivery date and six weeks’ post-natal paid leave from the date of delivery. With a doctor’s consent, a pregnant employee can transfer up to four of the six weeks’ pre-natal paid leave to the post-natal paid leave period.

Paid leave income is subsidised by Social Security, as long as the employee signed up to Social Security at least a year prior to pregnancy.

In case of adoption, adoptive mothers can enjoy up to six weeks of paid leave from the date of adoption.

During pregnancy, employees benefit from a special mantle of protection. It is prohibited for pregnant women to perform physical labour that requires effort such as lifting, pushing or pulling weight, or that could entail any risk.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
2.2
How long does it last and what benefits are given during this time?
 
Mexico
See question 2.1

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
2.3
Are trade unions recognised and what rights do they have?
 
Mexico
Yes. Unions are recognised as rightful associations that are protected by the inalienable right of employees to legally assemble. Unions have the right to represent employees in collective bargaining with employers and to represent employees in claims made to the employer.

Unions have special legal standing, given that they are associations with their origin and legal framework within the labour statutes. They need not be constituted through incorporation, as per mercantile or civil regulation. If a union has received a certificate of inscription in the federal or local registry, it acquires legal standing to own property, open bank accounts and act on behalf of registered employees.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
2.4
How are data protection rules applied in the workforce and how does this affect employees’ privacy rights?
 
Mexico
A special federal statute which protects personal information has general application throughout Mexico whenever anyone handles personal information of any other person. As best practice, employment contracts should include a provision on consent to store and handle employees’ personal information; though, strictly speaking, the Personal Information Statute excludes special requirements such as a privacy notice or even written consent where the acquisition of personal information is a prerequisite under law within the labour relationship and is necessary for the employer to comply with its legal obligations.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
2.5
Are contingent worker arrangements specifically regulated?
 
Mexico
There is very general use of business process outsourcing and outsourcing of some or all employees within all types of businesses in Mexico; but there are no special contracts for or provisions on ‘contingent workers’. All workers in Mexico enjoy the same standard benefits and Mexican law has a very clear intent to limit any contract that is not permanent or indefinite in duration. Where companies use outsourcing to fill employee positions or create a subsidiary to act as the employer of all personnel, there is usually an underlying fiscal or tax purpose for such decision.

The Federal Labour Law provides general rules that allow outsourcing, though the details of such provision of services must be regulated and agreed though the contract between the provider and the client. The individual labour agreements will be no different for outsourced personnel than for any other employees.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.