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Mexico
 


Source and scope of regulations - 2010    

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

Types of employment contracts - 2010    

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Maximum probationary (trial) period: no limitation

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation

Substantive requirements for dismissals (justified and prohibited grounds) - 2010    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; economic reasons; worker's capacity

Prohibited grounds: marital status; race; sex; sexual orientation; religion; political opinion; social origin; age; trade union membership and activities; disabilities; financial status; language; participation in a lawful strike; state of health; ethnic origin

Workers enjoying special protection: workers with a long period of service

Procedural requirements for individual dismissals - 2010    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • 0 month(s).
    • tenure ≥ 9 months
      • 0 month(s).
    • tenure ≥ 2 years
      • 0 month(s).
    • tenure ≥ 4 years
      • 0 month(s).
    • tenure ≥ 5 years
      • 0 month(s).
    • tenure ≥ 10 years
      • 0 month(s).
    • tenure ≥ 20 years
      • 0 month(s).

    Pay in lieu of notice: No

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2010    

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    Definition of collective dismissal (number of employees concerned):
    No specified number in the legislation.

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: Yes

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Priority rules for re-employment: Yes

    Severance pay and redundancy payment - 2010    

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    Severance pay:
      Redundancy payment:
      • tenure ≥ 6 months: 90 day(s)
      • tenure ≥ 9 months: 90 day(s)
      • tenure ≥ 1 year: 102 day(s)
      • tenure ≥ 2 years: 114 day(s)
      • tenure ≥ 4 years: 138 day(s)
      • tenure ≥ 5 years: 150 day(s)
      • tenure ≥ 10 years: 210 day(s)
      • tenure ≥ 20 years: 330 day(s)

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2010    

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      Compensation for unfair dismissal - free determination by court: No

      Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
      Art. 50 FLA. Compensation for unfair dismissal consists of the following:

      - if the employment relationship is for a specified period of less than one year, an amount equal to the total amount of remuneration payable for one-half of the entire period of employment; if the employment relationship lasted for more than one year, six months' wages for the first year of service plus 20 days' wages for each additional year of service;

      - if the employment relationship is for an unspecified period the compensation consists of 20 days' wages for each year of service

      - in addition to the compensation referred to in the preceding clause, three months' wages plus the entire remuneration payable in respect of the period from the date of dismissal to the date on which the compensation is paid.

      Reinstatement available: Yes

      Preliminary mandatory conciliation: No

      Competent court(s) / tribunal(s): labour court

      Existing arbitration: No

      Source of additional information - 2010    

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      Links

      Profile of National Legislation covering Termination of Employment (no longer updated) »