Below listed are the key points an employer has to keep in mind while seeking employees in Mexico.
Employee Contract
Public and Provincial Holidays
Leave Information
Basic
Written contracts are not required to be in Spanish. But in cases where a contract will be used for evidence, it must be presented in Spanish before labor authorities.
Probation Period
The probationary period for new employees is 30 – 90 days.
13th Month Pay
The 13th-month pay, also known as Aguinaldo in Mexico, is mandatory and has to be paid by 20th December every year.
Employee Benefits
Employers in Mexico may provide the following benefits to their employees:
- Sick Leave. Paternity Leave.
- Social Security.
- Housing Fund.
- Retirement Fund.
Mexican employees can be paid either bi-weekly, or monthly depending on the employment contract.
The minimum wage in Mexico is 172.87 Mexican Pesos per day (except in the Free Trade Zone). In the Free Trade Zone of the Mexican Northern Border, the minimum wage is MX$ 260.34.
Overtime is permitted in Mexico with a limit of 3 hours a day and not exceeding 9 hours a week. This is compensated at twice the regular pay. If overtime exceeds 9 hours, the compensation allotted in Mexico is thrice the regular pay. For working on Sundays, an extra 25% of the regular pay is provided.
Employer Payroll Cost:
| Tax Type |
Rate |
| Social Security |
7.58% |
Employee Payroll Cost:
| Tax Type |
Rate |
| Social Security |
1.65% |
For Mexican residents
| Annual Income Range |
Tax (MXN) |
Tax on Excess (%) |
| 0 – 7,735 |
0.00 |
1.92% |
| 7,735.01 – 65,651.07 |
148.51 |
6.40% |
| 65,651.08 – 115,375.90 |
3,855.14 |
10.88% |
| 115,375.91 – 134,119.41 |
9,265.20 |
16% |
| 134,119.42 – 160,577.65 |
12,264.16 |
17.92% |
| 160,577.66 – 323,862.00 |
17,005.47 |
21.36% |
| 323,862.01 – 510,451.00 |
51,883.01 |
23.52% |
| 510,451.01 – 974,535.03 |
95,768.74 |
30% |
| 974,535.04 – 1,299,380.04 |
234,993.95 |
32% |
| 1,299,380.05 – 3,898,140.12 |
338,994.34 |
34% |
| Above 3,898,140.12 |
1,222,522.76 |
35% |
For non-residents
| Annual Income Range |
Tax Rate |
| 0 – 125,900 |
0.00 |
| 125,900 – 1,000,000 |
15% |
| Above 1,000,000 |
30% |
VAT
VAT in Mexico is 16%.
Both the employee and the employer are entitled to terminate the employment.
The notice period for permanent employees is a minimum of 30 days, and for employees on probation, it ranges from 7 – 14 days.
Severance pay
If the termination is with a clause, employees are entitled to all benefits including commissions on a prorated basis until the termination date and the seniority premium of twelve days’ salary for each year of service. If the termination is without a clause, employees are entitled to the following lump-sum payment:
- Three months of the employee’s aggregate salary, plus
- Twenty days of an employee’s aggregate salary for each year of service
- A seniority premium of twelve days’ salary for each year of service
- Benefits due
A temporary resident visa with a work permit (work visa) will allow you to enter Mexico, receive a temporary resident card and undertake paid activities in the country. All temporary resident visas with a work permit must first be requested from the National Migration Institute (INM) directly by the employer. Only the employers registered with the INM can apply for a Work Visa. The Visa holds validity for 6 months and includes 1 entry.