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> GOVERNANCE - home > Employment protection legislation database - EPLex > Mexico

Mexico - Types of employment contracts


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Maximum probationary (trial) period: no limitation

Remarks:
  • No statutory limitation.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • The employment relationship may be for a specified piece of work or of specified duration or of unspecified duration. In the absence of any express stipulation, the relationship is to be deemed to be of unspecified duration.
      A contract for a specified piece of work may be made only when such contract is required by the nature of the work (art. 36, FLA). A contract of a specified duration may be made only in the following cases (art. 37, FLA):
      *where the nature of the work to be done so requires;
      *when the contract is to provide a temporary substitute for another employee; and
      *in the other cases provided for in this Act.

      Employment relationships for work in mines lacking in minerals capable of paying the cost of the operation or for the reopening of abandoned or unworked mines may be for a specified period, for a specified piece of work or for the investment of a fixed capital sum (art. 38, FLA).

      If on the expiry of the specified period the material to be worked still subsists, the employment relationship continues for as long as this circumstance continues (art. 39, FLA).

  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No statutory limitation.
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • No statutory limitation.
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Maximum probationary (trial) period: no limitation

Remarks:
  • No statutory limitation.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • The employment relationship may be for a specified piece of work or of specified duration or of unspecified duration. In the absence of any express stipulation, the relationship is to be deemed to be of unspecified duration.
      A contract for a specified piece of work may be made only when such contract is required by the nature of the work (art. 36, FLA). A contract of a specified duration may be made only in the following cases (art. 37, FLA):
      *where the nature of the work to be done so requires;
      *when the contract is to provide a temporary substitute for another employee; and
      *in the other cases provided for in this Act.

      Employment relationships for work in mines lacking in minerals capable of paying the cost of the operation or for the reopening of abandoned or unworked mines may be for a specified period, for a specified piece of work or for the investment of a fixed capital sum (art. 38, FLA).

      If on the expiry of the specified period the material to be worked still subsists, the employment relationship continues for as long as this circumstance continues (art. 39, FLA).

  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No statutory limitation.
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • No statutory limitation.