Answer ... The main sources of labour and employment law governing labour relations in Mexico are the Federal Labour Law and the Federal Law for Civil Servants, both of which have national application.

The Federal Labour Law regulates individual and collective labour relations and is contemplated in Section A, Article 123 of the Mexican Constitution.

Answer ... No – since Mexico is a federalised state, the Federal Labour Law is the only legal instrument that governs labour relations throughout Mexico.

Answer ... Working conditions must be established in writing by individual employment contracts where there is no applicable collective bargaining agreement. The individual employment contract must contain the following:

• the employee’s full name, nationality, age, gender, marital status, unique national population registry code, federal taxpayer registration and address, and the employer’s address;
• the duration of the employment relationship and whether it is subject to a probationary period;
• the service or services to be rendered, described as precisely as possible;
• the place where the services are to be rendered;
• the duration of the working day;
• the form of payment and the salary;
• the day and place of payment of salary;
• an indication that the employee will be trained under the terms of the plans and programmes established by the employer;
• other working conditions such as rest days, holidays and any other conditions agreed upon by the employee and the employer; and
• the designation of beneficiaries of the employee in case of death or disappearance in case of a criminal act.

Employment relationships may be for a specific job or for a specific period of time if:

• the temporary nature of the work is justified; or
• the purpose of the role is to temporarily replace another employee, for a specific period of time.

If applicable, the employment relationship may be subject to a trial period or initial training.

If the contract is for an indefinite period or for a fixed term longer than 180 days, the contract may be subject to a probation period, which will initially be 30 days and may be extended to 180 days in the case of positions of direction, management, administration or specialised technical or professional work.

The Labour Law provides that the lack of a written contract does not deprive the employee of the rights enshrined by the law, since an employment relationship is presumed when the three elements that constitute such a relationship are present – that is:

• subordination;
• rendering of a personal service; and
• payment of a salary.