Minimum Working Conditions
The FLL provides for the following minimum benefits, which may not be waived whatsoever: Social Security Benefits: all employees must be registered with and contribute; Profit Sharing: employees are entitled to share in the employer’s profits, currently fixed at 10% of the company’s gross, pre-tax income; Paid Mandatory Holidays: employees must be paid for government holidays; Vacation Premium: employees are paid an extra 25% of the salary to which they are entitled during their vacation period; and Christmas Bonus: employees have the right to a bonus of at least fifteen days of their daily base salary, which must be paid by no later than 20 December of each year.
As of January 2020, the minimum general salary in the Northern Border Zone is MXN $185.56 (approximately US $9.04) per day, and the minimum general salary in the rest of the country is MXN $123.33 (approximately US $6.19 per day). Salary includes cash payments for wages, plus bonuses, housing provided by the employer, premiums, commissions, in-kind benefits, and “any other amount or benefit that is given to the worker for his work” – it does not include profit-sharing payments.
Maximum Working Week
The principle of a 48-hour workweek, which presupposes one complete day of rest with full pay, is officially the law of the land. However, in some employment relationships, such as in government service, the banking sector, and in much of the private sector, a 40-hour workweek has been established. The arrangement of the 40 hours of work may be over five and one-half days or any other equivalent arrangement.
Overtime is limited to 3 hours per day and may not be performed on more than 3 consecutive days. However, pursuant to a binding opinion issued by the Supreme Court of Justice, overtime must be calculated and paid on a weekly basis; this means it should not exceed 9 hours a week. Furthermore, overtime must be paid at twice the hourly rate of pay. If the overtime extends beyond 9 hours per week, the overtime beyond 9 hours must be paid at triple the hourly rate. Persons under 16 years of age and pregnant or nursing mothers, if it endangers the worker or the child’s life, are not permitted to engage in overtime work.
Employer’s Obligation to Provide a Healthy and Safe Workplace
Employers have the obligation to set up enterprises in accordance with the principles of worker safety and health, and to take necessary actions to ensure that contaminants do not exceed the maximum levels allowable under the regulations and instructions issued by competent authorities. Employers, when required by the authorities, must make physical modifications in facilities to accommodate the safety and health of workers. Companies with over 100 workers are required to have a preventive program for safety and hygiene, and ensure workers’ safety and keep them informed of risks in the workplace; this obligation also applies to the transportation of primary materials and hazardous materials (biohazards) and safety in the agricultural sector, and rules concerning labour by pregnant women and minors. From 23 October 2020, all employers are obliged to prevent work-related stress by constantly evaluating the organisational environment and applying control measures (e.g. medical examinations and records).
Failure to adhere to the provisions of the FLL on health and safety matters will subject the employer to sanctions consisting of fines that may range from 50 to 5,000 times the Unity of Measure and Update (UMA), per violation and per employee affected, regardless of the sanctions of a different nature that may be imposed in accordance with other legal proceedings.