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Employment Contracts in Mexico

Written employment agreements in Mexico are mandatory. Every employee must enter into an individual employment agreement with the employer and set out the terms and conditions of the employment (in Mexico, there’s no ‘employment-at-will’. An employer must have justified cause (as defined by the FLL) in order to terminate the employment relationship.

1. Minimum Requirements

Article 24 of the FLL provides that working conditions must be established in writing, and each party must be provided with a copy of the employment agreement. CBAs must also be in writing.

2. Fixed-term/Open-ended Contracts

The FLL assumes, as a general principle, that an employment agreement has been executed for an indefinite term, unless the nature or the particular type of service to be provided calls for an employment agreement for a specific job or term, or if the parties agree to execute an employment agreement for initial training or subject to a probationary period.

3. Trial Period

The initial training employment relationship is the relationship whereby the employee agrees to provide his/her subordinated personal services, under the control and supervision of the employer, in order to acquire the necessary knowledge and skills to perform the services for which he/she is hired. This agreement must establish a training period of 3 months, as a general rule, and 6 months, for executive positions.

4. Notice Period

There is no notice period under FLL. However, the employer must notify the worker in writing of the cause or causes for dismissal.

Failure to execute a dismissal within one month after the employer knew about the event that gave rise to the cause for dismissal will invalidate the action.

For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega, Partner at De La Vega & Martinez Rojas S.C. (www.dlvmr.com.mx) at ODelaVega@dlvmr.com.mx
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