There are treaties between one country and specific countries that must be considered when foreign staff are relocated. It is therefore important for foreign companies to be informed about country-specific regulations and treaties, in order to correctly manage social insurance matters.
A dedicated social insurance department features specialists who work solely on assisting customers with matters specific to social insurance laws and regulations.
For instance, we assist our clients with registration, benefits application filing, labor disputes, health insurance, pension, and other areas of social insurance in the country.
Overview of Labor Law
In the year of 2012, the review of Labor Law has been conducted and the main change is about the allocation of labor interest. The minimum salaries and the liability of social insurance of part-time work were also regulated in the review.
The work time in Mexico is regulated for eight hours one day, but if the work is in night the work time is seven hours one day. For one week, the legal work time is 48 hours.
The corporations in Mexico must make employees registrar to the Social Insurance Office (IMSS) and pay various kinds of social insurance fees. In general, there is no definite period for the employment contact in Mexico. Only the limited cases are recognized as employment contact with a definite period. For example, in the case of business projector, because the business is stipulated a definite period so it is recognized to dismiss employees after finishing the project. However, it is required to pay the dismissal benefit to employees. Of course, if the contract is recognized as the employment contract with definite period, it is not required to pay the dismissal benefit.
The conditions of employment contract with definite period are as follows
・ The labors are employed temporarily in order to do the work of formal employees who are pregnant.
・ The labors are employed in order to help the work when the period is busy or it is a important closing period.
・ The case of trial contract is made and it is a definite period.
・ The training contract is made.
The following items are required to mention in employment contract.
・ Date of contraction
・ Information of employers
・ Information of employees
・ Description of work
・ Contraction period
・ Work time
・ Information of payment account
・ Social insurance
・ Benefit for overtime work
・ Paid vocation
・ Result of Health diagnosis
The work regulations
Both the work regulations and the employment contracts are the work rules for labors and employers. If the regulations of employment contract are different from work regulations, generally the work regulations are priority to apply. If the company will punish the employees, the company will conduct punishment based on the work regulations.
However, it is general that the work regulations are favorable to the employees in Mexico.
To learn more about our incorporation assistance and a range of services of social insurance in Mexico, send us a message or call us at +81-3-5369-2930.