What are the standard working hours in Mexico?

In Mexico, the standard working hours are defined by the type of shift:

• Daytime work occurs between 6:00 am and 8:00 pm, with a maximum of 8 hours per day and 48 hours per week.
• Night-time work takes place between 8:00 pm and 6:00 am, with a maximum of 7 hours per day and 42 hours per week.
• Mixed shifts involve both day and night work, with up to 7 hours and 30 minutes per day, provided that less than 3.5 hours is during the night; otherwise, it is considered a night shift. The maximum is 45 hours per week.

Employees are also entitled to a rest period of at least 30 minutes per shift.

Is overtime governed by law in Mexico? If so, what are the specifics outlined by law?

In Mexico, overtime is governed by law and is subject to specific regulations under the Federal Labour Law. The provisions are as follows:

• Overtime may be required in situations where there is an imminent risk to the employee, co-workers, or the existence of the company, and it is necessary to work extra hours to avoid harm.
• All employees are entitled to overtime payment, regardless of their position or other attributes.
• The maximum overtime an employee can be required to work is 3 hours per day, with a limit of 3 days per week. This means the maximum overtime allowed per week is 9 hours in total.
• Payment for overtime is at a rate of 200% of the base salary, which equates to an extra 100% of the normal hourly wage. Any overtime worked beyond the legal limit must be compensated at 300% of the base salary, or an additional 200% of the normal hourly wage.
• Employees cannot waive their right to receive overtime pay, and any provision suggesting the contrary in an employment agreement would be considered null and void by labor boards.

How is overtime payment calculated in Mexico?

In Mexico, the calculation of overtime payment involves the following components:

• Workers receive double their regular hourly wage for the first 9 hours of overtime worked in a week.
• For any hours beyond the first 9 hours of overtime in a week, workers are paid at a rate of 3 times their regular wage.
• Employees who work on Sunday are entitled to their regular wages plus an additional 25%.
• Employees required to work on their rest day are compensated at triple their regular wages for that day.

The law sets specific limits for these calculations:

• Overtime work is limited to a maximum of 3 hours per day, 3 times per week (totaling 9 hours). These must be paid at double the regular rate.
• Any overtime that exceeds 9 hours per week must be compensated at triple the regular rate from the tenth hour onwards.

How is the time off in lieu payment calculated in Mexico?

The Mexican Labor Law (LFT) prohibits exchanging annual vacation days for any other type of compensation. Consequently, there is no provision for time off in lieu in Mexico.

What are the eligibility rules for time off in lieu in Mexico?

Under the Mexican Labor Law (LFT), it is not permissible to exchange annual vacation days for any other type of compensation. Therefore, there is no provision for time off in lieu in Mexico.

How many days before the actual start date should the employment agreement be signed for payroll purposes in Mexico?

For payroll purposes in Mexico, the employment agreement should be signed by the payroll deadline.

However, disregarding the payroll deadline, all employment contracts must be signed at least one work day before the start date.

Can employment agreements be backdated in Mexico?

No, employment agreements cannot be backdated in Mexico. Supported employees must start working only after the onboarding process, which includes enrollment in social security system entities, is completed. The supported employee will not be covered by social security until their official start date.