Foreign Workers’ Guide to Labor and Employment Laws in Mexico

What are my rights as a worker in Mexico?
What is the most important thing I should know about Mexican labor and employment law?
Remember: the law is federal, but is enforced in some cases by state officials
Where do I go if I believe my employer has treated me unfairly because of my sex or race or other qualities I have that make me different?
What can I do if my employer does not pay me the minimum wage and overtime?
What can I do if my employer does not pay me for all my work or does not pay me at all?
Farm worker rights
What can I do if I am hurt on the job?
Health insurance in Mexico
Where do I go if my workplace is unsafe and I want to report it to someone?
What can I do if my employer fires me?
Where do I go if I want someone to explain the law to me and help me with my case?

Guide to Labor Relations Law in Mexico

Workers rights
Is it my constitutional right to be a union member?
What is a union and what can it do for me?
What are the advantages of joining a union?
What is a collective contract?
How to register a union
What rights do I have as a union member?
Can I be expelled by the union?
What can I do if I am a union member and my rights are violated?
An employer cannot retaliate against you for exercising your labor rights
The JCA
Free legal assistance
Workers have the right to strike

Guide to Laws Prohibiting Forced Labor in Mexico

What is forced labor?
Where to call

Guide to Child Labor Laws in Mexico

At what age can I start to work in Mexico?
What do I need to be able to work?
Where do I get the permit authorizing me to work?
What papers do I need to be able to work?
Can I work wherever I want?
Can I work at night?
Can I work on a farm?
How many hours can I work?
Do I have to work on Sundays and holidays?
How many days of vacation am I entitled to?
Can I belong to a trade union?
Will I get paid the same as an adult?
Will I get Social Security?
Is there anyone I can see if I have a problem at work?

Guide to Minimum Employment Standards, Pay Deductions and Severance Pay for Unjustified Firing in Mexico

How and when should my employer pay me in Mexico?
Is there a limit on the number of hours my employer can make me work each week?
What is the workday?
What happens if I work longer hours than normal?
Get your working conditions in writing
Can my employer take money out of my pay?
What do Social Security contributions pay for?
Do I have a right to a bonus every year?
Am I entitled to days off from work?
Do I have the right to vacation and paid holidays in Mexico?
Calculation of vacation days you are entitled to
Do I have the right to higher pay the longer I stay with the same employer?
Do I have the right to receive part of my employer’s earnings if my employer makes a profit?
What other minimum standards should I know about?
Is it legal for my employer to treat me badly?
Do I have to pay for my own work tools?
If I live far away from the workplace, do I have to pay for my transportation?
What other benefits must my employer provide?
Does the law protect me if my employer fires me from my job?

Guide to Employment Discrimination Laws in Mexico

Is it illegal for an employer to deny me a job because of my race, nationality, age, religion, sex, political opinions, social status, handicap, economic status, health, pregnancy, language, sexual preference, or marital status?
Is it illegal for an employer to fire me because of my race, nationality, age, religion, sex, political opinions, social status, handicap, economic status, health, pregnancy, language, sexual preference, or marital status?
What can I do if my employer discriminates against me?
I am a foreign worker. Is it legal for my employer to discriminate against me?
Where do I go if I want someone to explain the law to me and help me with my case?
I am indigenous and want someone who can speak my language to help me with a dispute I am having with my employer. Is there someone who can help me?
I am a handicapped person. How can I join the workforce and find the right job for me?

Women's Guide to Work and Pregnancy in Mexico

Do women who work have the same rights as men?
Where do I go if my rights as a working woman have been violated?
Do I have special rights as a working mother?
Prevent injuries by being safe on the job
How long may I work during my pregnancy?
What if I need to take time off from work during my pregnancy?
What if I need to take a leave of ansence during my pregnancy?
Will I be paid during maternity leave?
If I change employers in the 12 months before starting my maternity leave, will I still qualify for Social Security maternity benefits?
Who is entitled to Social Security maternity insurance?
Does Social Security maternity insurance have other benefits?
Once my child is born, can I get help to pay for child care?
My boss makes me uncomfortable by making sexual remarks to me at work. Is this proper or legal?
What is sexual harassment?
Is there anything I can do to complain about and stop sexual harassment?
Farm workers: Tips for a safe and healthy pregnancy

Guide to On-the-Job Safety and Health in Mexico

How am I protected?
Why should I care about workplace safety?
What are my responsibilities?
I am a farm worker. What do I need to know?
Workplace Health and Safety Committee
Where do I report an unsafe workplace?
What are my employer’s responsibilities?
What if my employer tells me to do work which I believe is dangerous?
Where do I go to complain about unsafe or dangerous conditions?
Penalties
Special inspections for unsafe workplaces

Guide to Pesticide Safety in Mexico

What are pesticides?
What do pesticides look like?
I don’t know anything about pesticides. Should someone teach me about them at work?
Are all pesticides the same?
How are pesticides classified?
Can people under the age of 18 and pregnant or lactating women use pesticides?
Pesticides are very dangerous. They can make you very sick or even kill you.
What do I do if I am harmed by pesticides?
How can I take care of myself and not get sick because of pesticides?
Who will give me work clothes?
Do I have to take a bath after coming into contact with pesticides?
What happens if I feel sick after coming into contact with pesticides?
Should there be medicines where I work?
What happens if someone in my family gets sick because of pesticides?
Will I still get paid if I am in the hospital?
If I have problems at work or I get sick because of pesticides, who can I complain to?
Pesticides can hurt you years later
How do I know if I have been harmed by pesticides?
You must always be careful when using pesticides

Guide to On-the-Job Injuries in Mexico

I got hurt on the job. What can I do?
If I am hurt on the job how do I collect insurance for on-the-job injuries?
Can I choose my own doctor?
If you have any questions about the Social Security program, you can go to the Service and Orientation Modules for Insured Workers
What benefits do I receive if I am hurt on the job?
Prevent injury by working safely
What happens if I die because of an on-the-job injury?
Do I have to pay anything to be entitled to Social Security?
What happens if IMSS rejects my claim for an on-the-job injury?
Social Security for farm workers

Guide to Social Security and Retirement in Mexico

How old do I have to be to retire?
How do I qualify to retire at age 60?
How do I qualify to retire at age 65?
Can I retire before I reach age 60 or 65?
Will I get a pension if I do not have enough weekly contributions to qualify for the retirement programs?
Will my family and I continue to receive health and other IMSS insurance benefits when I retire?
Will my family be protected financially if I die?
How do I sign up for Social Security insurance?
Can I participate in Social Security programs if I don’t work for a single employer or if I am self-employed?
Who pays for Social Security retirement programs?
I earn the minimum wage in Mexico. Do I have to pay my part of the IMSS contribution?
Do I have an individual retirement account for my retirement benefits?
Can I put more money into my individual retirement fund?
If I lose my job, am I still insured?
If I change jobs will I lose the retirement and other Social Security Contributions I have made?
If you have any questions about the Social Security program, you can go to the Service and Orientation Modules for Insured Workers

Guide to Disability and Health Care in Mexico

What happens if I get sick or need to see a doctor and it is not because of my job?
What kinds of benefits are available through the IMSS health insurance program?
What if my illness or injury happened because of my work?
What about pregnancy and related issues?
Who is covered by health insurance?
Where do my family members and I go for health care and to apply for disability benefits?
Can my family members still go to the Social Security Institute even if they do not live in the place where I work?
Can I choose my own doctor?
What happens if I become disabled and cannot work for a short or long period of time?
Who pays for IMSS disability and health care?
If I lose my job, am I still insured?
Can I participate in disability and health care programs even if I don’t work for a single employer or am self-employed?
What if I don’t work for a single employer and cannot afford health care?
If you have any questions about the Social Security program, you can go to the Service and Orientation Modules for Insured Workers

Guide to the Program for Temporary Guatemalan Farm Workers in Chiapas, Mexico

As a Guatemalan, what do I need in order to work on a farm in the state of Chiapas, Mexico?
What is the FMVA?
Where can I work?
Who can get an FMVA?
Where do I apply for an FMVA?
What do I need to get an FMVA?
How do I complete the FMVA immigration form?
Do I have to pay for the FMVA?
How long can I stay in Mexico if I have an FMVA?
Can I leave Mexico during this time?
Can I travel in Mexico with the FMVA?
Can I change my job whenever I want to?
What happens if I have an on-the-job accident?
What happens if my employer fires me unfairly?
What is the minimum wage I should earn?
What happens if I lose my FMVA?
What do I do when my FMVA expires?
Federal and State government offices

Guide to Resolving Labor Disputes in Mexico

Public Labor Defender
If I have problems at work, where can I get advice?
When should I go to the Public Labor Defender’s Office?
What do these offices do?
Will the services of the Public Labor Defender cost me anything?
What do I need to bring to the Public Labor Defender to get help?
What are Conciliation and Arbitration Boards?
If I have a problem at work, how long do I have to file a complaint with the board?
Do I have to explain what I want in writing?
Federal Conciliation and Arbitration Board
What do I have to do when I go to the JCA? How does it work?
What will happen at the hearing?
What does the draft ruling include?
What happens after the JCA issues a draft ruling?

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Disclaimer: The legal content in this Guide is meant for educational and informational purposes only and is not intended to serve as legal advice. For legal advice, you should contact a lawyer with appropriate expertise.

Copyright: This Guide is in the public domain and may be freely downloaded, reproduced and distributed without permission.

If you have questions or comments about this Guide, contact us at migrants@naalc.org or (202) 464-1100.