A minimum wage has been established and is adjusted at intervals. However, said minimum wage is generally exceeded by the basic salaries established in the collective bargaining agreements. The provisions of a particular collective bargaining agreement are mandatory by law and regulated by law. A particular collective bargaining agreement is applicable to all employees working in activities such as industrial, commerce, health, and others. In general, employees who work as managers, supervisors or other hierarchy positions are excluded from the legal framework of the collective bargaining agreement. The consent of the employee is not necessary since they are automatically included in the collective bargaining agreement just for working in a company under a particular collective bargaining agreement. Collective bargain agreements usually provide benefits to employees on top of what is provided for by Mexican employment and labor laws.
Maximum Working Week
The normal working hours for employees and workers are limited to 8 per day or 48 per week. Night shift and unhealthy work provide reduced working hours.
Overtime is paid at a rate of 50% of the normal pay, unless it is worked on Saturdays after 1 P.M., Sundays and holidays, in which case it is paid at a rate of 100% of the normal pay. Applicable Collective Bargain Agreements may provide higher payments. Overtime must not exceed 3 hours per day, 30 hours a month and 200 hours a year. All employees are entitled to overtime payment, except corporate directors or corporate managers registered as such before the Office of Corporations (Register of Commerce). Part time employees cannot perform overtime work.
Employer’s Obligation to Provide a Healthy and Safe Workplace
Employers are obliged to grant mandatory life insurance and working accident insurance to employees. Employers are also obliged to provide a healthy and safe workplace (both physical and psychological), in compliance with the labor authorities’ instructions, as well as the working insurance instructions. Employers, in certain industries, must provide employees clothing working tools and protection equipment, as well as have preventive actions to prevent accidents, and regular medical examinations.
Employees may file a petition before the union and/or the labor authorities complaining about the breach of health and safety obligations by employer. The labor authorities may inspect the workplace at any time and order the employer to remedy any breach and impose fines.