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
3.
Employment benefits
3.1
Is there a national minimum wage that must be adhered to?
 
Mexico
Yes. The minimum wage has been revised annually for over 20 years, though there is legal provision and precedent to revise it more than once in the same year.

As of January 2019, the national minimum wage is MXN 102.68. Also, as from January 2019, a new special minimum wage has been introduced for border cities (specifically for the border with the United States) in the order of MXN 176.72.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
3.2
Is there an entitlement to payment for overtime?
 
Mexico
Yes. The legal intent is that there should be no overtime; requiring employees to work overtime thus exposes employers to the risk of an administrative fine imposed by the labour secretary. Nevertheless, the Federal Labour Law does contemplate a specific rate at which overtime should be paid. One general rule is that employees should not work more than 48 hours in a seven-day week, with one full rest day for every six days of work. Another general rule is that overtime should not last for more than three hours per day and should not be performed more than three times a week. For the first nine hours of overtime, the payment should include the cost of the hours of work performed plus a payment of 100% of the cost of overtime paid hours. Should overtime exceeds nine hours in a week, all additional hours will be paid at the normal hourly rate, plus a payment of 200% of that cost.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
3.3
Is there an entitlement to annual leave? If so, what is the minimum that employees are entitled to receive?
 
Mexico
The Federal Labour Law provides for a sliding scale of paid holiday, as set out in the following table.

Seniority (years) Days of paid holiday
1 6
2 8
3 10
4 12
5-9 14
10-14 16
15-19 18
20-24 20
25-29 22

For each day’s holiday enjoyed by an employee, he or she should receive the standard payment for that day plus a vacation premium of 25% of the daily wage.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
3.4
Is there a requirement to provide sick leave? If so, what is the minimum that employees are entitled to receive?
 
Mexico
Yes. Employees can take up to 52 weeks of paid sick leave, as long as they are being treated by Social Security. Social Security is responsible for authorisation, treatment and payment of sick leave.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
3.5
Is there a statutory retirement age? If so, what is it?
 
Mexico
There is no statutory retirement age. Subject to the satisfaction of administrative requirements, Social Security provides that persons can take retirement from age 60 onwards. However, this is completely voluntary; age is not considered a valid reason to terminate a labour relationship.

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