Mexican Labor Law
Updated 5 December 2012
Update note: In 2012 some changes were made in the law which are not included here. These changes mostly affect businesses and labor unions with little or no effect on the typical ex-pat employing a maid or gardener.
This English translation of the Federal Labor Law was copied from a website that no longer exists. I do not know when the translation was made. All laws change from time to time, so there is no guarantee that this article is completely current or accurate. Do not take this as legal advice; use it as a guide, and consult with a labor lawyer for legal advice.
So far as I can tell, this translation agrees with the Spanish version at this government website.
I have included only the first 135 Articles of the law which runs to several hundred. These are the ones most likely to be of interest to an ex-pat.
Because this page is very long, I have included a Table of Links to help you find what you are looking for.
TITLE I -- GENERAL PRINCIPLES
TITLE II -- INDIVIDUAL EMPLOYMENT RELATIONS
CHAPTER I -- GENERAL PROVISIONS
CHAPTER II -- DURATION OF EMPLOYMENT RELATIONS
CHAPTER III -- SUSPENSION OF AN EMPLOYMENT RELATIONSHIP
CHAPTER IV -- RESCISSION OF THE EMPLOYMENT RELATIONSHIP
CHAPTER V -- TERMINATION OF THE EMPLOYMENT RELATIONSHIP
TITLE III -- EMPLOYMENT CONDITIONS
CHAPTER I -- GENERAL PROVISIONS
CHAPTER II -- THE WORKDAY
CHAPTER III -- REST DAYS
CHAPTER IV -- VACATIONS
CHAPTER V -- WAGES
CHAPTER VI -- MINIMUM WAGE
CHAPTER VII -- PROTECTIVE RULES AND WAGE PRIVILEGES
TITLE IV -- OBLIGATIONS OF WORKERS AND EMPLOYERS
CHAPTER I -- OBLIGATIONS OF EMPLOYERS
CHAPTER II -- OBLIGATIONS OF WORKERS
TITLE I -- GENERAL PRINCIPLES
Article 1 The present law is of general observance throughout the Republic and governs the employment relations included within article 123, Section "A," of the Constitution.
Article 2 Labor rules seek to achieve balance and social justice in relations between workers and employers.
Article 3 Work is a social right and obligation. It is not a commodity. It requires respect for the rights and dignity of those who may provide it and must be conducted under conditions which assure the life, health, and a decent standard of living for the worker and his family.
There may be no differences established between workers on the basis of race, sex, age, religious creed, political philosophy, or social condition.
In addition, it is in society's interest to promote and oversee the education and training of workers.
Article 4 No person may be prevented from lawfully working or from lawfully engaging in any profession, industry, or commerce. The exercise of such rights may only be prohibited by order of a competent authority when the rights of third parties are attacked or those of society are offended:
I. The rights of third persons are attacked in the cases established under law, and in the following:
(a) When an attempt is made to replace a dismissed worker whose case before the Conciliation and Arbitration Board has not been resolved, or when such worker is definitively replaced;
(b) When, upon returning to work, a worker is denied the right to occupy his same position, when his absence was due to illness, or act of God, or the employer consented;
II. The rights of society shall deemed offended in those cases established under laws and in the following:
(a) When, once a strike has been declared under the terms established in this law, an attempt is made to replace striking workers or such workers are replaced in the work they were performing, without the conflict for which the strike was brought having been resolved, except as provided in article 468;
(b) When, once such lawful strike has been declared by a majority of the workers of an establishment, a minority of such workers attempts to go back to work, or continues working.
Article 5 The provisions of this law are of a public nature for which reason no written or verbal agreement which provides for any of the following shall have legal effect, nor prevent the enjoyment or exercise of any rights:
I. The employment of children less than fourteen years of age;
II. A workday greater than that permitted by this law;
III. A workday which, in the opinion of the Conciliation and Arbitration Board, is inhumane for being unreasonably excessive, given the nature of the work;
IV. Overtime hours of work for persons under sixteen years of age;
V. A wage which is less than the minimum;
VI. A wage which is not sufficiently remunerative, in the opinion of the Conciliation and Arbitration Board;
VII. A time period greater than one week for the payment of wages to manual laborers;
VIII. The payment of wages at a place of amusement, tavern, bar, cafe, or store, except to the employees of such establishments;
IX. A direct or indirect obligation to obtain consumer goods in a particular store or place;
X. The power of an employer to retain wages as a fine;
XI. A salary which is less than that paid to another employee in the same company or establishment with equal abilities in the same type of work or same workday, for reasons of age, sex, or nationality;
XII. The employment of persons under sixteen years of age at night, in industrial establishments, or after 10:00 p.m., in any establishment; and
XIII. A waiver by the worker of any of the rights or prerogatives prescribed in labor rules.
In all such cases it shall be understood that this law, as well as any supplementary laws, shall govern in the place of any nullified stipulations.
Article 6 The laws and treaties which are executed and approved under the terms of article 133 of the Constitution shall apply to employment relations insofar as they benefit the worker, from the date of their effectiveness.
Article 7 In any enterprise or establishment, at least 90% of workers hired by the employer must be Mexican. In the technical and professional categories, the workers must be Mexican, unless there are no Mexican workers in a specific specialty, in which case the employer may temporarily hire foreign workers in a proportion which does not exceed 10% of the workers in such specialty. The employer and foreign workers shall have the joint obligation to train Mexican workers in such specialty. All doctors in the service of the enterprise shall be Mexican.
This article shall not apply to directors, administrators or general managers.
Article 8 A
worker is a physical person who provides personal, subordinated work
to another physical or moral person.
Article 9 The category of confidential employee shall depend on the nature of the duties carried out and not on the Title which may be given to the position.
Confidential duties are those related to management, inspection, oversight, and control, of a general nature, or those related to personal services for the employer within the enterprise or establishment.
Article 10 An employer is the physical or moral person who utilizes the services of one or more workers.
If a worker, by agreement or custom, utilizes the services of other workers, the employer of the former will also be that of the latter.
Article 11 The directors, administrators, managers, and other persons who carry out duties of management or administration in the enterprise or establishment are considered representatives of the employer and in such capacity bind the employer in its relations with workers.
Article 12 An intermediary is a person who hires or intervenes in the hiring of one or more persons for the furnishing of services to an employer.
Article 13 Established enterprises who may contract work to be carried out with their own resources, and which resources are sufficient to comply with such obligations as may arise from their relations with workers, shall not be considered intermediaries but employers. Otherwise, such enterprises shall be jointly liable with the persons who directly benefit from such work or services, for obligations contracted with workers.
Article 14 Persons who may use intermediaries to hire workers shall be responsible for any obligations which may arise from this law and from the services furnished.
Workers shall have the following rights:
I. They shall furnish their services under the same employment conditions and shall have the same rights corresponding to the workers who may carry out similar work in the enterprise or establishment; and
II. The intermediary shall not receive any compensation or commission charged against the workers' wages.
Article 15 Enterprises who may carry out work or perform services exclusively or principally for another enterprise, without their own adequate resources as set forth in article 13, shall be subject to the following rules:
I. The enterprise which benefits from such work or services shall be jointly liable for obligations contracted with the workers; and
II. The workers employed in the carrying out of the work or services provided shall have the right to enjoy employment conditions proportional to those enjoyed by workers who carry out similar work in the enterprise which benefits therefrom.
To determine what is proportional, there shall be taken into consideration any differences which exist in the minimum wages which are effective in the geographical areas in which the two enterprises are located, as well as any other circumstances which may affect employment conditions.
Article 16 For the purposes of labor rules, "enterprise" shall mean the economic unit which produces or distributes goods or services and "establishment" shall mean the technical entity which, as a branch, agency, or other similar entity, is an integral part of and contributes to the achievement of the goals of the enterprise.
Article 17 In the absence of an express provision in the Constitution, this law or its regulations, or in the treaties referred to in article 6, consideration shall be given to other provisions of such laws which govern similar cases, the general principles arising therefrom, general legal principles, general principles of social justice arising under article 123 of the Constitution, binding case law, custom, and equity.
Article 18 In interpreting labor rules, the objectives set forth in articles 2 and 3 shall be taken into consideration. In cases of doubt, precedence shall be given to the interpretation most favorable to the workers.
Article 19 No act or outcome related to the enforcement of labor rules shall be the basis for any tax whatsoever.
TITLE II -- INDIVIDUAL EMPLOYMENT RELATIONS
CHAPTER I--GENERAL PROVISIONS
An individual employment contract, whatever its form or name, is that by which one person obligates himself to furnish subordinated personal services to another, in return for the payment of a wage.
The furnishing of the services referred to in the first paragraph, or pursuant to an executed contract, shall have the same legal effects.
Article 21 An employment contract and relationship shall be presumed to exist between the person who furnishes the personal services and the person who receives them.
Article 22 It shall be unlawful to use the services of persons less than fourteen years of age, or persons from fourteen to fifteen years of age, inclusive, who have not complete their mandatory education, except in exceptional cases approved by a competent authority in whose opinion such employment is consistent with a course of studies.
Article 23 Persons sixteen years of age or older may freely furnish their services, subject to the limitations established in this law. Persons from fourteen to fifteen years of age, inclusive, shall require the consent of their parents or guardians or, if there are none, of the union to which they belong, of the Conciliation and Arbitration Board, of the Labor Inspector, or of a governmental authority.
Workers who are legal minors are entitled to have their wages paid to them directly, and bring any legal action to which they may be entitled.
Article 24 Employment conditions must be set forth in writing when there is no governing collective agreement. At least two copies of such contract shall be made, of which one copy shall be retained by each party.
Article 25 The writing in which employment conditions shall be stated must contain:
I. The name, nationality, age, sex, civil state, and domicile of the worker and the employer;
II. Whether the employment relation is for a specific project or time, or for an indefinite time;
III. The service or services which must be provided, described as precisely as possible;
IV. The place or places in which the work must be furnished;
V. The duration of the workday;
VI. The form and amount of wages;
VII. The day and place for payment of wages;
statement that the worker will be educated and trained in accordance
with such plans and programs as are established or may be
established in the enterprise, in accordance with that provided in
this law; and
Article 26 The lack of the writing referred to under articles 24 and 25 shall not deprive the worker of any rights arising from labor rules or from the services provided, the lack of such formality being imputed to the employer.
Article 27 If the service or services to be provided have not been described, the worker shall be obligated to carry out work which is consistent with his capacities, aptitudes, state or condition, and which is of a kind consistent with the purpose of the enterprise or establishment.
Article 28 The following rules shall apply to the furnishing of services by Mexican workers outside the Republic:
I. The employment conditions shall be stated in writing and, to be valid, must contain the following provisions:
(a) The requirements prescribed in article 25;
(b) The cost of transportation, repatriation back to the place of origin, meals for the worker and his family, if applicable, all costs relating to the border crossing or to compliance with provisions of the law regarding immigration, or for any other related matter, shall be borne exclusively by the employer. The worker shall receive the entire wage owed to him with no deduction whatsoever for any of the foregoing costs;
(c) The worker shall have the right to the services provided to foreigners by the social security and welfare institutions of the country in which such services shall be rendered. In any case, the worker shall have the right to be indemnified for work- related risks in an amount at least equal to that provided in this law;
(d) The worker shall have the right to enjoy decent and hygienic housing at a work center or at a place located nearby, through rental or other means;
II. The employer shall indicate his domicile within the Republic for all legal purposes;
III. The writing containing employment conditions must be submitted for the approval of the Conciliation and Arbitration Board in whose jurisdiction it was executed which, after confirming the requirements for validity referred to in section I, shall determine the amount of the bond or deposit it may consider sufficient to guarantee the fulfillment of the contracted obligations. The deposit shall be made in the Bank of Mexico or in such banking institutions the Board may designate. The employer shall verify with the same Board the issuance of the bond or the making of the deposit;
IV. The writing must be legalized by the consul of the nation in which the services are to be provided;
V. Once the employer has demonstrated to the Board that he has complied with the contracted obligations, the Board shall order the cancellation of the bond or the return of the deposit.
Article 29 It shall be unlawful to use persons less than eighteen years of age for the furnishing of services outside of the Republic, except in the case of technicians, professionals, artists, athletes or, in general, specialized workers.
Article 30 The furnishing of services within the Republic, but at a distance greater than 100 kilometers from the customary residence of the worker, shall be governed by the provisions contained in article 28, section I, to the extent applicable.
Article 31 Employment contracts and relations are binding as to that which was expressly agreed to, and as to any consequences which may be consistent with the labor rules, good faith, and equity.
Article 32 A worker's failure to comply with labor rules shall only give rise to his civil liability; in no event may such failure cause him to be personally forced to do anything.
Article 33 Any waiver by workers of wages earned, indemnities, or other benefits for services rendered, in whatever manner given or however called, is null.
Any agreement or settlement, to be valid, must be stated in writing and contain a recital of the facts under which it arose and of the rights included in it. It shall be ratified before the Conciliation and Arbitration Board, which shall approve it as long as it does not contain any waiver of workers' rights.
Article 34 In those agreements executed between unions and employers which may affect the rights of workers, the following rules shall be observed:
I. Such agreements shall govern only future work relations, and may not affect remuneration already earned;
II. Such agreements may not refer to specific, individual workers; and
III. In the case of a reduction of the work force, such readjustment shall be effected in accordance with article 437.
CHAPTER II -- DURATION OF EMPLOYMENT RELATIONS
Article 36 An employment relationship for a specific project may only be agreed to when required by the nature of the work.
Article 37 An employment relationship for a specified time period may only be agreed to in the following cases:
I. When required by the nature of the work which is to be furnished;
II. When the purpose of the relationship is to temporarily replace another worker; and
III. In other cases prescribed in this law.
Article 38 An employment relationship for the exploitation of a mine which lacks minerals sufficient to pay for its costs, or for the restoration of abandoned or closed mines, may be for a specific time period or project or for the duration of a specific capital investment.
Article 39 If the work activity continues beyond the term agreed upon, the relationship shall be extended as long as such activity continues.
Article 40 Workers, in any case, shall not be obligated to furnish services for longer than one year.
Article 41 The replacement of the employer shall not affect employment relationships at the enterprise or establishment. The replaced employer shall be jointly liable with the new employer for obligations arising from employment relationships or this law which arose prior to the time of such replacement, for a period of six months thereafter. Once the six months are concluded, only the new employer shall be liable.
The time period
of six months referred to in the preceding article shall begin on
the date on which notice of substitution is given to the union or to
CHAPTER III -- SUSPENSION OF THE EFFECTS OF AN EMPLOYMENT RELATIONSHIP
I. An infectious illness contracted by the worker;
II. Temporary incapacity due to an accident or illness which does not constitute a work-related risk;
III. The preventive detention of a worker pending trial, followed by his acquittal. If the criminal proceedings relate to conduct of the worker in defense of the person or interests of his employer, the employer shall be obliged to pay any wages which the worker may not have received;
IV. The arrest of the worker;
V. Fulfillment of the services or performance of the duties mentioned in article 5 of the Constitution, or of the obligations set forth in article 31, section III, of the Constitution;
VI. The worker's appointment as a representative to any state body, Conciliation and Arbitration Board, the National Minimum Wage Commission, the National Commission for Workers Profit-Sharing, and similar bodies; and
VII. The lack of documents required by law or regulation for the furnishing of services, when imputable to the worker.
Article 43 Such suspensions shall take effect:
I. In the cases mentioned in sections I and II of the preceding article, from the date on which the employer becomes aware of the infectious illness or on which the worker is unable to perform his work, until the expiration of the time period determined by the Mexican Social Security Institute, or earlier if the incapacity ceases, provided, that the suspension may not exceed the term fixed in the Social Security Law for the treatment of illnesses which are not work-related;
II. In the cases of sections III and IV, from the time at which the worker furnishes evidence that he has been detained in the custody of a judicial or administrative authority, until the date the verdict of acquittal is executed, or until his arrest or imprisonment ceases;
III. In the cases mentioned in sections V and VI, from the date on which the worker is obliged to furnish the services or carry out his duties, up to a period of six years; and
IV. In the case mentioned in section VII, from the date on which the employer becomes aware of such circumstances, up to a period of two months.
Article 44 When workers are called to enlist or serve in the National Guard, in accordance with that provided in article 31, section III, of the Constitution, such period of service shall be taken into consideration in determining their seniority.
Article 45 The worker must return to his work:
I. In the cases mentioned in sections I, II, IV, and VII of article 42, on the date following the date on which the cause of the suspension ceases; and
II. In the cases mentioned in sections III, V, and VI of article 42, within the fifteen days following termination of the cause of the suspension.
CHAPTER IV -- RESCISSION OF THE EMPLOYMENT RELATIONSHIP
Article 47 The following are causes for the employer rescinding the employment relationship without liability:
I. When the employer has been deceived by the worker, or as the case may be, by the union who proposed or recommended the worker, through false certificates or references which attributed to the worker capacities, aptitudes, or abilities he did not have. This cause of termination shall not be effective after the first 30 days in which the worker furnishes his services;
II. If the worker, in the course of his employment, engages in conduct lacking in integrity or honesty, or commits acts involving violence, threats, injury or ill-treatment against the employer, his family, or the supervisory and administrative personnel of the enterprise or establishment, except in the case of provocation or self-defense;
III. The worker commits any of the acts specified in the preceding section against any of his fellow workers, if as a result thereof the discipline of the work place is affected;
IV. The worker, outside of his employment, commits any of the acts referred to in section II against the employer, his relations, or any supervisory or administrative personnel, to such a serious extent that performance of the employment relationship is rendered impossible;
V. The worker intentionally causes physical damage to buildings, works, machinery, instruments, raw materials, or any other thing related to his employment, during the performance of his work, or by reason of his work;
VI. If the worker negligently but not intentionally causes the damages referred to in the preceding section, provided, that such damages are serious, and such negligence was the sole cause of such damages;
VII. The worker, through his imprudence or inexcusable carelessness, endangers the safety of the establishment or of the persons in it;
VIII. The worker commits immoral acts in the establishment or work place;
IX. The worker reveals manufacturing secrets or discloses exclusive matters, to the detriment of the enterprise;
X. The worker is absent more than three times in a period of 30 days, without the permission of the employer or just cause;
XI. The worker disobeys the employer or his representatives, without just cause, in matters connected to the contracted employment;
XII. The worker refuses to adopt preventive safety measures or follow procedures established to avoid accidents and illnesses;
XIII. The worker appears at the work place in a state of intoxication or under the influence of any narcotic or debilitating drug, unless used with a medical prescription. Before beginning his work, the worker must inform the employer and present the medical prescription;
XIV. A final sentence which may impose the penalty of imprisonment upon the worker, which prevents him from fulfilling the employment relationship; and
XV. Those causes analogous to those set forth in the preceding sections, of equal seriousness, and with similar consequences, related to employment.
The employer must give the worker written notice of the date and the cause or causes of rescission.
The worker must be informed of the notice, and in the event he refuses to accept it, the employer, within the five days following rescission, must bring such notice to the attention of the corresponding Board, provide such Broad with the registered domicile of the worker and request that notification be given to the worker.
The mere failure
to notify the worker or the Board shall be sufficient indication
that the rescission was not justified.
If the employer fails to establish just cause for the termination in the corresponding proceedings, the worker shall have an additional right to be paid back wages from the date of his dismissal until the award is satisfied, regardless of his election of remedies.
Article 49 The employer may be released from the obligation to reinstate the worker, by paying the damages determined under article 50, in the following cases:
I. In the case of workers who have served less than one year;
II. If it is established before the Conciliation and Arbitration Board that the worker, because of the work he performs or the nature of such work, comes into direct, permanent contact with the employer, the Board, taking into consideration the circumstances of the case, may determine that it is impossible to carry out a normal employment relationship;
III. In the case of confidential workers;
IV. In the case of domestic service; and
V. In the case of casual workers.
Article 50 The damages referred to in the preceding article shall be determined as follows:
I. If the employment relationship was for a specific time period less that one year, damages shall consist of an amount equal to the amount of wages corresponding to one-half of the time period in which services were provided. If such relationship was to exceed one year, damages shall consist of an amount equal to six months of wages for the first year and 20 days of wages for each following year in which services were provided;
II. If the employment relationship was for an indefinite time period, damages shall consist of 20 days of wages for each year in which services were provided; and
III. In addition to the damages referred to in the preceding sections, damages shall consist of the amount of three months of wages and accrued salary from the date of dismissal to the date all damages are paid.
Article 51 A worker may rescind the employment relationship without liability for the following causes:
I. The employer or, as the case may be, the employer association, upon offering employment, deceived the worker as to the employment conditions. This cause of termination shall not be effective after the first 30 days of the worker's service;
II. The employer, his relations, or supervisory and administrative personnel, within the work place, engage in acts lacking in integrity or honesty, or commit acts involving violence, threats, insults, ill treatment, and other similar conduct, against the worker, his spouse, his parents, his children, or his brothers or sisters;
III. The employer, the employer's relations, or other workers, outside of the work place, commit the acts referred in the preceding section, if they are so serious as to render performance of the employment relationship impossible;
IV. The employer reduces the worker's wages;
V. Wages are not received on the date or at the place agreed upon or which are customary;
VI. The employer maliciously causes damage to the worker's work tools or implements;
VII. The existence of a grave risk to the safety or health of the worker or his family, whether due to the lack of hygienic conditions in the establishment, or because preventive safety measures required by law are not complied with;
VIII. The employer, through his imprudence or inexcusable carelessness, endangers the security of the establishment or of the persons within it; and
IX. Causes analogous to those established in the preceding sections, of equal seriousness and with similar consequences, to the extent they relate to employment.
Article 52 The worker may withdraw from his employment within the thirty days following the date on which any of the causes mentioned in the preceding article occurs, and shall have the right to receive damages from the employer in accordance with article 50.
CHAPTER V -- TERMINATION OF THE EMPLOYMENT RELATIONSHIP
I. Mutual consent of the parties;
II. The death of the worker;
III. The termination of the project or expiration of the time period or capital investment, in accordance with articles 36, 37 and 38;
IV. The physical or mental incapacity, or obvious incompetence, of the worker, which renders performance of the work impossible; and
V. The cases referred to in article 434.
Article 54 In the case mentioned in section IV of the preceding article, if the incapacity arises from a non-work related risk, the worker shall have the right to be paid one month of wages and twelve days of wages for each year of service, in accordance with that provided in article 162, or, if possible, and if the worker so wishes, he shall be provided with other employment consistent with his abilities, in addition to any other remuneration to which such worker may be legally entitled.
Article 55 If in corresponding legal proceedings the employer does not substantiate the causes of termination, the worker shall have the rights set forth in article 48.
TITLE III -- EMPLOYMENT CONDITIONS
CHAPTER I -- GENERAL PROVISIONS
Article 57 The
worker may request the Conciliation and Arbitration Board to modify
employment conditions when the wage is not remunerative, or the
workday is excessive, or economic circumstances are present which
may justify such modification.
CHAPTER II -- THE WORKDAY
Article 59 The worker and the employer shall determine the duration of the workday, provided it be within the legally established maximum.
The workers and the employer may distribute work hours to allow workers to rest Saturday afternoon or other similar arrangement.
Article 60 The day work shift is that included between the hours of 6:00 a.m. and 8:00 p.m.
The night work shift is that included between the hours of 8:00 p.m. and 6:00 a.m.
A mixed work shift is that which include parts of the day work shift and the night work shift, provided that the night work shift portion is less than three and one-half hours. If the night work shift portion is three and one-half hours or more, the entire work shift shall be considered a night work shift.
Article 61 The maximum duration of the workday shall be: eight hours if a day work shift; seven hours if a night work shift; and seven and one-half hours if a mixed work shift.
Article 62 For the purposes of determining the workday, the provisions of article 5, section III shall be observed.
Article 63 During a continuous workday, the worker will be given a rest period of at least one-half hour.
Article 64 When the worker cannot leave the workplace during rest or meal periods, the time corresponding to such periods shall be included as part of the effective workday.
Article 65 In the event of an accident or imminent risk which may endanger the life of the worker, his fellow workers, the employer, or the very existence of the enterprise, the workday may be extended for the time strictly necessary to remove such dangers.
Article 66 The workday may also be extended for extraordinary circumstance, but never by more than three hours per day nor more than three times in one week.
Article 67 The hours of work referred to in article 65 shall be paid at the same rate corresponding to each one of the hours of the workday.
Otherwise, overtime hours of work shall be paid at twice the wage corresponding to the hours of the workday.
Article 68 Workers shall not be obligated to furnish their services for a time greater than that permitted in this chapter.
Overtime exceeding nine hours per week shall obligate the employer to pay the worker for such excessive overtime 200% more than the amount of wages corresponding to hours of the normal workday, without prejudice to the sanctions set forth in this Law.
CHAPTER III -- REST DAYS
Article 70 In work requiring continuous labor, the workers and the employer shall by common agreement determine the days on which the workers may enjoy the weekly rest day.
Article 71 The
regulations to this law shall seek to make Sunday the weekly day of
Article 72 When the worker does not provide services during the entire work week, or when he furnishes services to various employers on the same day or in the same week, he shall have the right be paid the proportional part of his wages for days of rest, based upon the wages for the days in which he worked or on the wage he would have received from each employer.
Article 73 Workers shall not be obligated to work on days of rest. If this provision is violated, the employer shall pay the worker, in addition to any wages corresponding to the rest day, double wages for the services rendered.
Article 74 The following are obligatory rest days:
I. The 1st of January;
II. The 5th of February;
III. The 21st of March;
IV. The 1st of May;
V. The 16th of September;
VI. The 20th of November;
VII. The 1st of December each six years, corresponding to the transfer of the Federal Executive Power; and
VIII. The 25th of December;
IX. Those days determined by federal and local election laws in the event of ordinary elections.
Article 75 In cases mentioned in the preceding article the workers and the employer shall determine the number of workers who must furnish their services. If agreement is not reached, the matter shall be resolved by the Permanent Conciliation Board or, if there is no Board, by the Conciliation and Arbitration Board.
Workers shall be obligated to work and shall be entitled to double wages for work performed independently of any wages corresponding to them for the obligatory rest days.
CHAPTER IV -- VACATIONS
Article 77 Workers who work non-continuously, and seasonal workers, shall be entitled to annual vacations in proportion to the number of days worked in the year.
Article 78 At least six of the vacation days taken by workers may be continuous.
Article 79 Remuneration may not be paid in lieu of vacations.
If the employment relationship terminates before one year of service, the worker shall have the right to remuneration proportionate to the time in which services were performed.
Article 80 Workers shall be entitled to a bonus not less than 25% of the wages to be paid to them during the vacation period.
Article 81 Vacations must be allowed to a worker within the six months following the completion of each year of service. Employers shall deliver annually to workers a report containing the length of service and, based on such service, the amount of vacation time corresponding to such worker and the date on which such vacation is to be taken.
CHAPTER V -- WAGES
Article 83 Wages
may be determined by unit of time, unit of work, commission, lump
sum, or in any other manner.
Article 84 Wages
consist of payments made in cash at the daily rate, gratuities,
receipts, housing, bonuses, commissions, benefits paid in kind, and
any other amount or benefit given to the worker for his work.
In the case of wages for unit of work, the remuneration to be paid shall at least equal the minimum wage payable for normal work in a workday of eight hours.
Article 86 Equal wages must be paid for equal work carried out in the same position, workday and conditions of efficiency.
Article 87 Workers shall be entitled to an annual bonus equivalent to at least fifteen days of wages, which must be paid before the twentieth day of December.
Workers who have
completed more than one year of service, whether or not they are
working on the date such bonus is paid, shall be entitled to be paid
a proportional part of such bonus, based on whatever time they may
Article 89 In determining the amount of indemnities which must be paid to workers, the base amount shall be the wage in place on the day on which the right to the indemnity arose, including in such base the daily rate and the proportional parts of the benefits mentioned in article 84.
In the case of
wages for unit of work and, in general, when compensation is
variable, the daily wage shall be the average remuneration
corresponding to the 30 days effectively worked before the right
arose. If during this lapse there was an increase in wages, the base
shall be the average of the benefits obtained by the worker from the
date of such increase.
CHAPTER VI -- MINIMUM WAGE
The minimum wage must be sufficient to satisfy the normal necessities of the head of a family, physically, socially, and culturally, and to provide for the obligatory education of his children.
It shall be considered socially useful to establish institutions and measures which may protect the buying power of the wage and facilitate workers' access to obtaining basic necessities.
Article 91 Minimum wages may be general with respect to one or more geographical areas of application, which may extend over one or more federative entities, or occupational, for a specific branch of economic activity, or with respect to special occupations, skills or work within one or more geographical areas.
Article 92 General minimum wages shall be in effect for all workers in the geographical area or areas specified, independently of the field of economic activity, or special occupation, skill or work.
Article 93 Minimum occupational wages shall be effective for all workers within the specified fields of economic activity, or special occupation, skill or work, within one or more geographical areas of application.
Article 94 Minimum wages shall be determined by the National Commission, composed of representatives of workers, employers, and the government, and which may be assisted by special advisory commissions when considered necessary to the performance of its duties.
Article 95 The National Minimum Wage Commission and advisory commissions shall be formed in a tri-partite manner in accordance with that established in Chapter II of Title XIII of this law.
Article 96 The National Commission shall divide the Republic into geographical areas, each of which shall be comprised of one or more municipalities in which the same minimum wage must be effective, without the necessity that there be territorial continuity between such municipalities.
Article 97 Minimum wages shall not be subject to set-off, discount, or reduction, except in the following cases:
I. Support or maintenance payments decreed by a competent authority in favor of the persons mentioned in article 110, section V; and
II. Payment of the rents referred to in article 151. This discount shall not exceed ten percent of the wage;
III. Payment of installments on loans from the National Workers Housing Fund used for the acquisition, construction, repair, enlargement or improvement of residential housing, or for the payment of liabilities incurred for such purposes.
In addition, one percent of the wages referred to in article 143 of this Law will be discounted from those workers who have been granted a credit to acquire housing located in group housing financed through the Institute of the National Workers Housing Fund, for the purpose of covering the costs of administering, operating and maintaining the group housing in question. Such discounts must be freely accepted by the worker and may not exceed twenty percent of his wages;
IV. The payment of installments to cover credits granted or guaranteed by the Fund referred to in article 103Bis of this law, used to acquire consumer durables or to pay services. Such discounts must be freely accepted by the worker and may not exceed ten percent of his wages.
CHAPTER VII -- PROTECTIVE RULES AND WAGE PRIVILEGES
Article 99 The right to receive wages, and the right to receive accrued wages, may not be waived.
Article 100 Wages shall be paid directly to the worker. If and only if personal receipt is impossible, payment may be made to the person designated as the worker's attorney in fact through a letter power of attorney signed by two witnesses. The employer shall be responsible for any payment made in violation of that provided in the preceding paragraph.
Article 101 The exact amount of cash wages must be paid in legal currency, and may not be paid in merchandise, vouchers, tokens or any other representation intended to substitute for money.
Article 102 Benefits in kind must be appropriate for the personal use of the worker and his family and reasonably proportionate to the amount of wages paid in cash.
Article 103 Warehouses and stores for clothing, food and household articles may be established by agreement between the workers and employers of one or more enterprises, in conformity with the following rules:
I. Workers must be free to acquire merchandise without coercion or pressure;
II. The prices at which the goods are sold shall be determined by agreement between the workers and the employers, and in no case shall be superior to official prices or, in the absence of official prices, to those prevailing in the market;
III. Changes in such prices shall be subject to that provided in the preceding sections; and
IV. The agreement shall provide for the participation of workers in the administration and supervision of the warehouse or store.
Article 103Bis The Federal Executive shall regulate the form and terms on which Fund for the Promotion and Guarantee of Worker Consumption shall be established, which shall finance the operation of warehouses and stores referred to in the preceding article and administer other institutions in the granting and guaranteeing of inexpensive and timely credits for the acquisition of goods and the payment of services on behalf of workers.
Article 104 All assignments of wages in favor of the employer or third persons, however called or in whatever manner, are null.
Article 105 Workers' wages shall not be subject to the payment of any damages whatsoever.
Article 106 The employer's obligation to pay wages shall not be suspended, except in the cases and in accordance with the requirements established in this law.
Article 107 It shall be unlawful to impose fines on workers, whatever the cause and whatever the reason.
Article 108 Wages shall be paid in the place in which workers provide their services.
Article 109 Payment shall be made on a working day, determined by agreement between the worker and the employer, during working hours or immediately thereafter.
Article 110 It shall be unlawful to make any deductions from workers' wages, except in the cases and subject to the requirements set forth as follows:
I. Payment of debts contracted with the employer through advances of wages, excessive payments made to the worker, errors, losses, damages, or acquisition of articles produced by the enterprise or establishment. The amount which may be demanded may in no case be greater than the amount of one month of wages and the discount shall be as agreed by the worker and the employer, but not greater than 30% of the amount by which his wages exceed the minimum wage;
II. The payment of rent referred to in article 151 may not exceed 15% percent of wages;
III. The payment of installments to cover loans provided by the National Workers Housing Fund for the acquisition, construction, repair, enlargement or improvement of residential housing, or the payment of liabilities incurred for such purposes. In addition, one percent of the wage referred to article 143 of this Law may be discounted from workers who have been granted a credit to acquire housing located in group housing projects financed by the Institute of the National Workers Housing Fund, used to cover the cost of administration, operation and maintenance of such group housing. Such discounts must be freely accepted by the worker;
IV. Payment of quotas for the formation and development of cooperative societies and savings banks, provided that the workers freely consent thereto, and such quotas do not exceed 30% of the amount by which their wages exceed the minimum wage;
V. Support and maintenance payments in favor of the wife, children, predecessors, or grandchildren, decreed by a competent authority;
VI. Payment of ordinary union dues prescribed in the union bylaws; and
VII. Payment of installments for credit guaranteed by the Fund referred to in article 103 Bis of this Law, used for the acquisition of consumer goods or for the payment of services. These discounts must have been freely accepted by the worker and may not exceed 20% of his wages.
Article 111 Debts contracted by workers with their employers shall in no case accrue interest.
Workers' wages may not be garnished, except in the case of
maintenance and support payments decreed by a competent authority in
favor of the persons indicated in article 110, section V.
Article 113 Wages earned in the last year and indemnities owed to workers shall be given preference on all the assets of the employer over any other credit including those arising from hypothecations of property, tax claims, and those in favor of the Mexican Institute of Social Security.
Article 114 Workers are not required to participate in proceedings relating to suspension of payments, bankruptcy, insolvency, or the settlement of an estate. The Conciliation and Arbitration Board shall proceed to seize and auction all of the assets necessary to pay wages and indemnities.
Article 115 The beneficiaries of a deceased worker shall have the right to receive any unpaid benefits and indemnities and institute or continue legal proceedings, without the necessity of a probate hearing.
Article 116 It shall be unlawful to establish dispensaries of alcoholic beverages or gaming or betting parlors in work centers. This prohibition shall be effective within a radius of four kilometers from work centers located outside of populated areas.
For the purposes
of this law, intoxicating beverages shall be those whose alcoholic
content exceeds five percent.
TITLE IV -- RIGHTS AND OBLIGATIONS OF WORKERS AND EMPLOYERS
CHAPTER I -- OBLIGATIONS OF EMPLOYERS
I. To comply with the provisions of labor rules applicable to their enterprises or establishments;
II. To pay their workers wages and indemnities in accordance with the rules in effect at the enterprise or establishment;
III. To provide their workers on a timely basis with the implements, instruments, and materials necessary to carry out their work, of good quality and in good condition, and to replace them as soon as they are no longer usable, provided that such workers have not agreed to use their own tools. The employer may not demand damages for normal wear and tear of such implements, instruments, and work materials;
IV. To provide a secure area in the work place in which the instruments and implements belonging to the worker may be stored. It shall be unlawful for the employer to retain such instruments and implements by reason of any damages, guarantee, or for any other reason. An inspection of work instruments or implements shall be made at the request of the worker;
V. To maintain a sufficient number of seats or chairs for workers in commercial establishments, offices, hotels, restaurants, and analogous work places. The same rule shall apply to industrial establishments when so permitted by the nature of the work;
VI. To treat the workers with due consideration and abstain from ill treatment by word or deed;
VII. At the request of the workers, to issue each fifteen days a written report of the number of days worked and the wages received;
VIII. To issue to each worker who may request it or, upon his leaving the enterprise, within three days, a written record relating to his services;
IX. To provide workers with the time necessary to vote in popular elections and to fulfill their duties relating to jury, electoral, and census services referred to article 5 of the Constitution, when such activities must be carried out within working hours;
X. To permit workers to leave work to carry out occasional or permanent assignments with their unions or with the government, provided timely notice is given, and that the number of workers carrying out such assignments shall not be such as to prejudice the proper operation of the enterprise. The time lost may be deducted from the worker's wages unless such worker makes up for such lost time with an equal amount of effective work. When such appointment is permanent, the worker or workers may return to the position they occupied, and maintain all their rights, provided they return to work within a period of six years. The substitute worker shall be considered temporary; after six years he shall be considered permanent;
XI. To inform the union named in the collective bargaining agreement, and the category of workers immediately below that of the affected category, of newly created positions and of any permanent or temporary vacancies to be filled;
XII. To establish and maintain "Constitutional Article 123" schools in accordance with that provided under the laws and by the Secretariat of Public Education;
XIII. To collaborate with labor and educational authorities, in accordance with laws and regulations, to promote worker literacy;
XIV. When more than 100 and less than 1,000 workers are employed, to pay the necessary costs of adequately maintaining one of their workers or one of the children of their workers, designated by such workers and the employer on the basis of his ability, qualities and dedication, in technical, industrial, or practical studies, in special centers in Mexico or abroad. When the employer has more than 1,000 workers he must furnish three scholarships under the terms indicated. The employer may only cancel the scholarship when the student fails in the course of a year or bad conduct is reported, in which case another student shall be substituted. A student who has completed his studies must work for the employer who has funded the scholarship for at least one year;
XV. To provide education and training to workers under the terms of Chapter IIIBis of this Title;
XVI. To install factories, workshops, offices and other work places to prevent work related risks and injuries to the worker, in accordance with the rules of safety and health as well as to adopt necessary measures to avoid contaminants from exceeding the maximum levels permitted in regulations and instructions issued by competent authorities. For such purposes, the employer must modify such installations within such terms as may be indicated by such authorities;
XVII. Comply with such safety and health regulations as may be established under the laws and regulations, to prevent accidents and illnesses in work centers and, in general, in those places in which work is carried out, and to have available at all times necessary medications and materials indicated in any directives which may be issued, for the timely and efficient furnishing of first aid. Notice must be given to the competent authority of each accident which occurs;
XVIII. To post conspicuously and distribute in the work place provisions of regulations and instructions relating to safety and health;
XIX. To provide its workers with such preventive medications as may be determined by health authorities in areas in which tropical or endemic illnesses exist, or when there exists a danger of an epidemic;
XX. When the population in a rural work center exceeds 200 inhabitants, to reserve a space of ground not less than 5,000 square meters, for the establishment of public markets, buildings for municipal services, and recreational centers, provided that such work center is not less than five kilometers from the nearest work area;
XXI. To provide unions in rural work centers, upon their request, an unoccupied premises for their offices, and pay the rent therefor. If no such premises exists, a space assigned for the housing of workers may be employed for such purpose;
XXII. To make the deductions requested by unions for ordinary union dues, provided it is demonstrated that such dues are those prescribed in article 110, section VI;
XXIII. To make deductions for quotas for the formation and development of cooperative societies and savings banks, in accordance with that provided in article 110, section IV;
XXIV. To permit inspection and supervision by labor authorities in their establishments for the purpose of verifying compliance with labor rules and to provide them with the reports necessary to carry out such purpose, upon their request. Employers may require inspectors and agents to display their credentials and to inform them of any instructions they may have;
XXV. To contribute to the promotion of cultural and sports activities for workers and provide them with the necessary equipment and implements;
XXVI. To make the deductions prescribed in sections IV of article 97 and VII of article 110, and to pay over such deductions to the creditor banking institution or, as the case may be, to the Fund for the Promotion and Guarantee of Worker Consumption. Such obligation shall not cause the employer to become jointly liable for the credit which was granted to the worker;
XXVII. To provide pregnant women with such protection as may be established in the regulations hereto; and
XXVIII. To participate in the formation and operation of the committees which must be formed in each work center, in accordance with that established in this law.
Article 133 It shall be unlawful for an employer:
I. To refuse to hire workers on the basis of their age or gender;
II. To require that workers purchase articles of consumption at specific stores or places;
III. To demand or to accept money from workers in exchange for hiring them or for any other reason related to the conditions of such employment;
IV. To obligate workers, through coercion or through any other means, to affiliate themselves with, or to withdraw from, a union or association to which they may belong, or that they vote for a specific candidate;
V. To intervene in any manner in the internal governance of the union;
VI. To make or authorize collections or subscriptions in work establishments or work places;
VII. To engage in any activity which may impair the rights given to workers under the laws;
VIII. To engage in any political or religious propaganda within the establishment;
IX. To "blacklist" workers who are leaving or have left employment so that they may not be given work;
X. To carry firearms within establishments located in populated areas; and
XI. To appear in
establishments in a state of intoxication or under the influence of
a narcotic or debilitating drug.
CHAPTER II -- OBLIGATIONS OF WORKERS
I. To comply with the applicable provisions of labor rules;
II. To observe safety and hygiene measures established by competent authorities and those indicated by the employer for the personal safety and protection of workers;
III. To carry out his work under the direction of the employer or his representative, to whose authority he shall be subordinated in everything relating to the work;
IV. To perform his work with appropriate intensity, care and attention and in the manner, time and place agreed upon;
V. To give immediate notice to his employer, except in cases of emergency or force majeure, of any justified cause which may prevent him from going to work;
VI. To return to the employer materials which have not been used, and preserve in good condition the instruments and implements which may have been given to him for his work; but he shall not be responsible for normal deterioration of the same nor for damages caused by force majeure, poor quality or defective construction;
VII. To conduct himself correctly at the work place;
VIII. To provide assistance at any time required, when a major accident or imminent peril endangers human life or the interests of the employer or his fellow workers;
IX. To participate in such bodies as may be established in this law;
X. To submit to medical examinations prescribed in the internal rules and other rules effective within the enterprise or establishment, to verify that he does not suffer from any incapacity or work-related illness which may be infectious or incurable;
XI. To inform the employer of any infectious illnesses from which he may suffer, as soon as he becomes aware of them;
XII. To inform the employer or his representative of any problems he observes, for the purpose of avoiding damage or harm to the interests or lives of his fellow workers or of his employers; and
XIII. To scrupulously maintain technical, commercial and manufacturing secrets with respect to products in whose production he participates directly or indirectly, or of which he becomes aware as a result of the work he performs, or of private administrative matters whose disclosure could damage the enterprise.
Article 135 It shall be unlawful for a worker:
I. To commit any act which may endanger his own security, that of his fellow workers or third persons, as well as that of the establishments or places in which he performs his work;
II. To be absent from work without just cause or without the permission of the employer;
III. To remove work tools, or raw or finished materials, from the enterprise or establishment;
IV. To appear at work in a state of intoxication;
V. To appear at work under the influence of any narcotic or debilitating drug, without medical prescription. Before he starts working, the worker must bring such fact to the attention of his employer and present the medical subscription signed by a doctor;
VI. To carry arms of any kind during work hours, except when required by the nature of the work. Perforating and cutting instruments which form part of the work tools or implements shall be excepted from this provision;
VII. To suspend his work without the authorization of his employer;
VIII. To perform fund-raising in the establishment or work place;
IX. To use tools or implements furnished by the employer for a purpose other than that intended; and
X. To engage in any kind of propaganda during work hours, within the establishment.