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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Labour and Employment
3.
Employment benefits
3.1
Is there a national minimum wage that must be adhered to?
Mexico

Answer ... The National Minimum Wage Commission meets annually to establish the minimum wages for each calendar year. One minimum wage is established for the northern border region of Mexico and another for the rest of the country; there is also a list of professional minimum wages for specific professions.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
3.2
Is there an entitlement to payment for overtime?
Mexico

Answer ... The law provides that the maximum duration of the workday is:

  • eight hours for a day shift (between 6:00 am and 8:00 pm);
  • seven hours for a night shift (between 8:00 p.m. and 6:00 am); and
  • 7.5 hours for a mixed shift (which includes periods of the day and night shift without exceeding 3.5 hours of the night shift).

The working day may be extended by up to three hours three times a week; these hours will be paid at double the hourly rate according to the employee’s salary. If the overtime exceeds nine hours per week, the employer must pay the excess time at triple the value of the hour at the employee’s rate of pay.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
3.3
Is there an entitlement to annual leave? If so, what is the minimum that employees are entitled to receive?
Mexico

Answer ... Employees are entitled to a minimum of 12 days’ holiday for the first year of service, increasing by two days of holiday for each subsequent year up to a maximum of 20 days. After the sixth year, the holiday allowance will increase by two days for every five years of service.

In addition, employees will be entitled to a holiday bonus that cannot be less than 25% of the salary corresponding to the holiday period.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
3.4
Is there a requirement to provide sick leave? If so, what is the minimum that employees are entitled to receive?
Mexico

Answer ... If an employee’s disability has resulted from an occupational hazard, the employee is entitled to the payment of up to 100% of his or her salary by the Mexican Institute of Social Security. The employee must be evaluated by a doctor of the institute for this purpose.

If an employee’s disability has not resulted from an occupational hazard, the employee must also attend the Mexican Social Security Institute for an evaluation so that the institute can specify how much time the employee should be given off work due to the illness. In addition, the employee will be entitled to have the institute cover 60% of his or her salary as of the fourth day of disability.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
3.5
Is there a statutory retirement age? If so, what is it?
Mexico

Answer ... Yes, the retirement age in Mexico is:

  • 60 for advanced retirement; and
  • 65 for old age.

The difference between the two concepts lies in the age at which the retirement requirements established in the Social Security Law are met.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
Contributors
Topic
Labour and Employment