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

Mexico - Source and scope of regulations



References
  • The Mexican Constitution [MC] dated 5 February 1917, as last amended in August 2009
    (Constitución Política de los Estados Unidos Mexicanos - available in spanish)
    Date: 28 Aug 2009; view website » (view in NATLEX »)
  • The Federal Labour Act [FLA], dated 2 December 1969 as last amended in January 2006
    (Ley Federal del Trabajo - available in Spanish)
    Date: 17 Jan 2006; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Remarks:
  • Following the principles of art. 123(A) of the Constitution, the Federal Labour Act governs the employment relationship of "workers, employees, domestic workers, craftspersons and in general to all contracts of employment". (see art. 1 FLA).

    Those relations regulated in art. 123(B) of the Constitution (public and civil servants) do not fall into the scope of application of FLA and are subject to separate regulations (which were adopted by Federal Act of 27 December 1963).

    In addition, according to art. 351 and 352 FLA, the FLA does apply to family workshops "talleres familiales", except for the provisions related to hygiene and safety.

    Note that workers in positions of trust, seafarers, flight crews, railway workers, road transport workers, the labour force in zones under federal jurisdiction, rural workers, commercial travellers, professional sportsmen, actors, musicians, home workers, domestic employees, workers in hotels, restaurants, bars and similar establishments, family undertakings, resident medical doctors during specialist training and employees of universities and autonomous institutions of higher learning are subject to the special provisions of the Title VI of the FLA, which comprises arts. 181 to 353 u.


References
  • The Mexican Constitution [MC] dated 5 February 1917, as last amended in August 2009
    (Constitución Política de los Estados Unidos Mexicanos - available in spanish)
    Date: 28 Aug 2009; view website » (view in NATLEX »)
  • The Federal Labour Act [FLA], dated 2 December 1969 as last amended in January 2006
    (Ley Federal del Trabajo - available in Spanish)
    Date: 17 Jan 2006; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Remarks:
  • Following the principles of art. 123(A) of the Constitution, the Federal Labour Act governs the employment relationship of "workers, employees, domestic workers, craftspersons and in general to all contracts of employment". (see art. 1 FLA).

    Those relations regulated in art. 123(B) of the Constitution (public and civil servants) do not fall into the scope of application of FLA and are subject to separate regulations (which were adopted by Federal Act of 27 December 1963).

    In addition, according to art. 351 and 352 FLA, the FLA does apply to family workshops "talleres familiales", except for the provisions related to hygiene and safety.


    Note that workers in positions of trust, seafarers, flight crews, railway workers, road transport workers, the labour force in zones under federal jurisdiction, rural workers, commercial travellers, sports professionals, actors, musicians, home workers, domestic employees, workers in hotels, restaurants, bars and similar establishments, family undertakings, resident medical doctors during specialist training and employees of universities and autonomous institutions of higher learning are subject to the special provisions of the Title VI of the FLA, which comprises arts. 181 to 353 u.