Mexico: 在墨西哥聘请外国员工须知

Last Updated: 1 April 2019
Article by Dunia Salomon

对于计划在墨西哥拓展业务或已经在当地营运的企业,必须了解在该国聘请外国员工的复杂性。

墨西哥《联邦劳动法》规定,雇主必须聘请墨西哥国民作为雇员,其比例不可少于90%,外籍人士只能占雇员的10%。然而,如果该公司可以解释聘请外籍人士的原因,或是聘请该外籍人士是为了培训其他员工,就可视为例外。在墨西哥营商的企业必须了解签证过程的相关规则,以达到合规。

墨西哥签证

外籍人士若要在墨西哥工作,就必须通过墨西哥国家移民局(INM)获得签证。签证可分为两种类型,分别是:临时访客签证及临时居留签证。临时访客签证允许持有者展开商业活动,而临时居留签证则通过获得墨西哥公司聘请而得到签发。外籍人士若获得就业机会,意味着他必须在墨西哥工作。

有意聘请外籍人士的公司必须先获得INM发出的雇主注册证书(《移民法》第166条规定)。该文件准许公司雇用接受了工作聘请的外籍人士;而该文件有效期为一年,申请程序需要一个月。

在墨西哥的外籍人士享有其居民身份赋予他/她的权利以及人权。如果他/她没持有允许其工作的临时访客签证或没有通过工作得到临时居留签证,将被视为违法,并且有可能受到行政制裁或在适当情况下被驱逐出境。

为了获得工作签证,外籍人士或公司的法定代表必须呈交以下文件给INM:

  • 注册证书
  • 公司成立证书
  • 法定代表的委托书及身份证明
  • 法人地址证明
  • 公司正式签署的聘书

INM发出的工作签证授于外国人一个 "人口登记代码" (CURP),这是登记联邦纳税的基本要求。接着,公司将在墨西哥社会保障局为新外国员工注册,将员工纳入公司的薪酬系统,并让其获得国家医疗服务和其他福利。

难民员工

基于人道主义原因而居留在墨西哥的人士,可能比游客享有更多权利,惟他们还是需要从INM获得在墨西哥工作的许可。当他们抵达墨西哥之际,就必须向INM要求授权难民身份,让他们能在墨西哥合法居住。

如果难民想要在墨西哥开始工作,他们可以选择自己创业(符合所有要求),或接受雇主的聘请,进而得到工作身份。他们必须完成所有取得工作许可证的程序。

TMF墨西哥办事处

TMF墨西哥办事处从多方位协助您开展业务及聘请本地和外国的员工。我们知道如何协助您避免公司成立过程中的官僚主义负担,同时为您提供行政支持,如成立实体、实现行政法律合规、代表办事处和商用地址服务、人力资源与薪酬服务、以及会计与税务合规服务。

您有计划拓展至墨西哥吗?欢迎 与我们联系,了解我们如何协助您的业务和实现合规营运。

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