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 to the:
- Mexican Institute of Social Security (IMSS);
- National Workers Housing Fund Institute (INFONAVIT);
- Retirement Savings Program; and
- National Fund Institute for Workers’ Consumption (INFONACOT), which is a governmental institution that provides financial aid to employees for the acquisition of goods and services. This is mandatory as of 1 December 2013.
- Profit Sharing: employees are entitled to share in the employer’s profits, currently fixed at 10% of the company’s taxable income, as determined under applicable tax laws;
- Paid Mandatory Holidays: FLL requires that employees 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;
- 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.
Salary
a. Minimum Salary
The minimum salary is defined as the lowest minimum payment that a worker may receive for services rendered in a given time period. Since 1 October 2015, minimum general salaries and minimum professional salaries are established in one unique region throughout the country.
As of January 2026, the minimum general salary in the Northern Border Zone is MXN$440.87 (approximately US$24.30) per day, and the minimum general salary in the rest of the country is MXN$315.04 (approximately US 17.36 per day).
The minimum general salary is set by the tripartite National Commission for Minimum Salaries, considering the basic amount necessary for the satisfaction of, among other things, the following needs of each family:
- material needs such as housing, household furnishings, food, clothing, and transportation;
- needs of a social and cultural nature, such as attendance at athletic events, training schools, libraries, and other cultural presentations; and
- needs related to the education of children
The minimum salary is set annually and becomes effective on 1 January. Under special circumstances, it may be modified during the year at the request of one of the parties in the tripartite National Commission, if it is deemed by the Commission as a whole, that the economic circumstances warrant it.
On 28 January 2016 a constitutional reform on deindexation of the minimum salary entered into force, pursuant to which said wage ceased to be the unit of account, index, base, measure or reference to determine the amount of the obligations and hypothesis established in federal and local laws, as well as any other legal provisions arising therefrom. Such is the case of Title Sixteen of the FLL, which takes the general minimum salary as reference for calculation of fines deriving from violations to labour standards.
In 2026, the National Institute of Statistics and Geography (INEGI) announced the new value of the Unit of Measure and Update (UMA) the daily value will be MXN$ 117.31, MXN$ 3,566.22 monthly, and MXN$ 42,794.64 annually;
b. Other Requirements Concerning Salaries
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 its work”; it does not include profit-sharing payments. Salaries of workers may not be set below the minimum established by law. Salaries are established on the principle of equal pay for equal work, provided productivity is the same.
Manual labourers must be paid at least weekly; other workers must be paid every two weeks. A Christmas bonus, consisting of at least 15 days’ salary, is considered as part of the salary and should be paid each year before 20 December.
The right to collect a salary is irrevocable. Salaries must be paid directly to the worker in cash, in currency of legal tender. Workers need to authorize in writing an alternative payment option like direct deposit or check. In-kind benefits (e.g., lodging and board) must be appropriate for the personal use of the worker and his family. Fines may not be collected from workers’ salaries, and only some specific deductions, listed in Article 110 of the FLL, are permitted.
Under no circumstances may an employer charge interest on workers’ debts to the employer, nor may workers’ salaries be garnished except for alimony payments to a spouse or other family members. In the case of insolvency of a business, salaries earned over the last year of operation and the compensation due workers have priority over any other credit, “including those backed by real estate, tax liabilities, and amounts owed the Mexican Institute of Social Security, and especially over all the assets of the employer.” Workers may collect debts from the employer directly, through the Labour Courts, without need of becoming party to insolvency, bankruptcy, or probate proceedings.
Maximum Working Week
The work shift is the time in which the worker is at the disposal of the employer in order to perform work. In most instances, the work shift corresponds to the time interval the worker actually spends working, but the two concepts may differ where the worker is unable to complete the work shift because of reasons outside of its control.
a. Work Shifts
Mexican Labour law recognizes three work shifts:
- the day shift, with a length of eight hours, between 6:00 a.m. and 8:00 p.m.;
- the night shift, lasting seven hours, between 8:00 p.m. and 6:00 a.m.; and
- the swing or “mixed” shift, lasting seven and one-half hours, divided between the day and night shifts, provided that less than three and one-half hours of the time is during the night shift.
It is important to note that a constitutional reform was published on March 3, 2026, to gradually reduce the maximum workweek from 48 to 40 hours. Although the reform is already in force, its implementation will be gradual, with a phased reduction of working hours until reaching a 40-hour workweek by 2030. Further adjustments to secondary legislation, including the Federal Labour Law, are still pending.
b. Rest Periods
Workers are given a rest period of at least one-half hour during a work shift.
c. Hours Per Week
The general principle of a 48-hour workweek, which presupposes one complete day of rest with full pay, remains applicable during the transition period established by the constitutional reform published on March 3, 2026. Said reform provides for a gradual reduction of the maximum workweek to 40 hours by 2030. Notwithstanding the foregoing, in certain sectors, such as government service, the banking sector, and parts of the private sector, a 40-hour workweek has already been implemented
Overtime
It is incumbent on the employer to maintain records of the effective length of the workday should the worker claim to have worked overtime. Section XI of Article 123 of the Constitution limits overtime to 3 hours per day and provides that it 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. Article 68 of the FLL establishes that if 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.
In accordance with the constitutional reform published on March 3, 2026, the limit of overtime paid at double the hourly rate has been increased to up to 12 hours per week, which may not exceed 4 hours per day for up to four days. However, the reform does not expressly provide whether this change will be subject to the same gradual implementation schedule as the reduction of the workweek. Therefore, further regulation through amendments to the Federal Labour Law will be required to clarify the specific rules applicable to overtime limits and their implementation.
It is important to note that, on June 7, 2024, a decree was published in the Official Gazette of the Federation, introducing significant amendments to the General Law to Prevent, Punish, and Eradicate Crimes related to Human Trafficking and to Protect and Assist Victims of these Crimes. Specially Article 21 in its section IV, which now categorizes labour exploitation as a punishable crime. The law defines labour exploitation as “working hours beyond what is stipulated by law.”
Additionally, it is established that labour exploitation exists when a person obtains, directly or indirectly, unjustifiable benefits, whether economic or otherwise, unlawfully, through the labour of others, subjecting the individual to practices that violate their dignity. Given that this decree has already come into force, it is imperative for companies to evaluate their working hours, compensation schemes, and overtime payments to ensure compliance with the Labour Law, thereby avoiding any potential legal issues.
Employer’s Obligation to Provide a Healthy and Safe Workplace
Title IX of the FLL deals with occupational safety and health. Under these provisions, 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 are also obligated, when required by the authorities, to make physical modifications in facilities to accommodate the safety and health of workers. Likewise, employers must keep first aid medications and medical supplies at the workplace and instruct personnel on how to administer them. If there are more than 100 workers in a given enterprise, an infirmary with appropriate staff must be established. Enterprises employing more than 300 workers must have a hospital staffed with adequate medical and auxiliary personnel.
The Mexican government issued an Official Standard NOM 037 regarding Teleworking, which includes health and safety conditions that should be provided and assured for employees working under teleworking modality by January 2024 this official standard will be fully enforceable.
Additionally, as part of the modernization of the labour inspection model, the Ministry of Labour has implemented new digital and data-driven enforcement mechanisms aimed at strengthening workplace compliance. In particular, the Data-Driven Labour Inspection System (SIDIL) enables the authorities to perform predictive and risk-based inspections by analysing large volumes of data from various governmental sources, allowing inspections to be strategically focused on high-risk workplaces.
In September 2025, the Ministry of Labour and Social Welfare (STPS) also launched the Labour Complaints and Workplace Accidents System (SIQAL), a publicly accessible digital platform that allows employees and third parties to report alleged labour violations and occupational incidents in real time. Complaints submitted through SIQAL may be filed anonymously, tracked electronically, and internally classified by the STPS, and in practice frequently result in extraordinary inspections and administrative proceedings, often with limited or no prior notice.
These systems operate jointly as part of a broader strategy to centralize and digitalize labour enforcement, significantly lowering the threshold for regulatory intervention and accelerating inspection timelines. As a result, labour authorities are increasingly relying on incoming complaints and data signals rather than solely on scheduled inspection programs, reducing predictability for employers.
For 2026, the STPS has announced more than 43,000 inspections nationwide, with a strong emphasis on extraordinary inspections. In this context, employers should expect that workplace incidents, employee complaints, or inconsistencies in internal records may rapidly trigger inspection activity. Consequently, continuous compliance and inspection readiness, including proper documentation and internal alignment, are no longer best practices but baseline expectations for operating in Mexico.
Furthermore, recent amendments to the Federal Labour Law, commonly referred to as the “Chair Law” (Ley Silla), have strengthened workplace health and ergonomics obligations. These reforms establish the right of employees performing activities in a standing position to access seating and adequate rest during the workday. Employers, particularly in the services, commerce, and certain industrial sectors, are now required to implement preventive measures such as providing ergonomic chairs with back support, conducting risk assessments related to standing work, and documenting such risks and mitigation measures through the Joint Occupational Safety and Health Committee.
These obligations aim to prevent health conditions associated with prolonged standing, including musculoskeletal and circulatory disorders. While employers retain discretion regarding the implementation of rest periods, such measures must be supported by documented risk analyses. Compliance with these provisions is expected to become a standard review point in labour inspections, particularly in sectors with high employee exposure to standing work.
According to the FLL, companies with over 100 workers are required to have a preventive program for safety and hygiene; companies with fewer workers must provide the Ministry of Labour and Social Welfare (STPS, by its acronym in Spanish) with a list of their safety and hygiene obligations. Companies not in compliance could be given up to a year’s grace upon submission of a written plan detailing how they plan to come into compliance. Independent private sector units, such as insurance companies, may certify compliance with workplace standards, following authorization by the STPS, forestalling the need for inspections.
Under the FLL, employees have the right to perform their duties in a safe workplace. It is also the employee’s right and obligation to require the employer to form a Joint Committee for Health and Safety within the workplace consisting of the same number of employee and employer representatives. Similarly, employees have the right to refuse to perform dangerous work.
The provisions of the FLL have been implemented through the new Federal Occupational Safety and Health Regulations (the “Regulations”), issued by the STPS on 2014, which entered into effect in February 2015. These Regulations obligate employers to ensure workers’ safety and to keep them informed of risks in the workplace. In addition, the Regulations require periodic tests on various equipment, risk studies concerning matters such as noise levels and air quality, communication with workers concerning risks, worker training, and in some cases, the purchase of additional equipment to comply with the various requirements. The Regulations also cover transportation of primary materials and hazardous materials, including biohazards, and safety in the agricultural sector, and establish rules concerning labour by pregnant women and minors.
Moreover, the Regulations provide for the following employer’s obligations:
- the Safety and Hygiene Committee has to prepare an annual job program.
- keep monthly inspection certificates of a six-month period or annual report.
- conduct a study to determine the risk level of fire or explosion for each substance or material handled while on the job;
- keep certificates of training and teaching to prevent, protect from and extinguish fires;
- prepare and keep an emergency evacuation plan in case of fire;
- implement operation and safety procedures to avoid fire risks;
- keep a list of the type of fire equipment, including instructions on how to use and reload the equipment;
- have a certificate of brigade against fire;
- highlight emergency exits within the facilities, adequate for handicapped persons working in the company;
- conduct a fire drill at least once a year; and
- keep a record and statistics of occupational injuries during the last year and certificate of notice to the safety commissions.
Finally, many technical rules regarding occupational safety and health are set out in workplace safety standards known as Official Mexican Standards (NOMs, by their acronym in Spanish). These Standards are mandatory, and the Secretary has the authority to enforce their compliance. The most recent one is the NOM-035 on psychosocial risk factors at work, identification, analysis and prevention.
From 23 October 2020, all employers are obliged to prevent work-related stress by constantly evaluating the organizational environment; applying control measures, such as the practice of medical examinations and records.
Additionally, as a result of recent legislative developments aimed at strengthening substantive equality in the workplace, employers are now required to implement measures to prevent and address workplace violence and discrimination. This includes the obligation to provide training and awareness programs for workers on issues such as workplace harassment, discrimination, and gender-based violence, as well as to promote inclusive and respectful working environments. These obligations are aligned with the general duty of employers to ensure safe and healthy workplaces, and are reinforced through applicable Official Mexican Standards and inspection protocols issued by the STPS, which increasingly incorporate a gender perspective and focus on the protection of vulnerable groups. Non-compliance with these obligations may expose employers to administrative sanctions and increased scrutiny during labour inspections.
Complaint Procedures
The Federal Conciliation and Registration Centre is responsible for resolving conflicts that arise from employer noncompliance with occupational health and safety responsibilities. The state authorities must cooperate with federal authorities.
Employees may also raise a claim to the Workers’ Protection Agency or to the Labour Inspection of the STPS (the “Labour Inspection”) against the employer’s failure to comply with its health and safety responsibilities.
The Ministry may impose Administrative Sanctions for breach to the Federal Regulations or to the provisions of the FLL on health and safety matters, 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 proceed according to the laws.
Protection from Retaliation
There is no special protection against retaliation under Mexican laws.
Labour Enforcement and Digital Complaint Mechanisms.
In September 2025, the Ministry of Labour and Social Welfare (STPS) launched the Labour Complaints and Accidents System (SIQAL), a publicly accessible digital platform that allows employees and third parties to report alleged labour and employment violations and workplace accidents. SIQAL operates alongside the Intelligence Data System for Labour Inspections (SIDIL) and is part of a broader strategy to centralize and digitalize labour enforcement.
Complaints submitted through SIQAL may be filed anonymously, tracked electronically, and internally classified by the STPS. In practice, these filings frequently lead to extraordinary inspections and administrative proceedings, often with limited advance notice. The system significantly lowers the threshold for regulatory intervention and accelerates enforcement timelines.
From a business perspective, this represents a structural change in how inspections are initiated. Rather than relying primarily on scheduled verification programs, authorities increasingly act on incoming complaints and data signals, reducing predictability for employers. The STPS has announced more than 43,000 inspections nationwide for the 2025–2026 period, with a strong emphasis on extraordinary inspections.
Employer implications for 2026:
- Workplace incidents or internal disputes can rapidly escalate into inspections.
- Authorities rely more heavily on digital records, internal consistency, and cross-checked data.
- Continuous inspection readiness is becoming a baseline expectation rather than a best practice.
New Inspection Protocol on Subcontracting and Specialized Services
Subcontracting remains one of the most heavily regulated and enforced areas of Mexican labour law. In September 2025, the STPS issued a new Inspection Protocol on Subcontracting, establishing standardized inspection criteria for REPSE-registered specialized service providers and their beneficiary companies.
The protocol clarifies the documentation inspectors may request and the standards applied to identify prohibited outsourcing schemes. Core verification points include confirming that there is no unlawful supply of personnel, that services are genuinely specialized, and that contracted activities do not overlap with the beneficiary’s corporate purpose or core business.
Inspections may take various forms, including REPSE verification visits, ordinary or extraordinary workplace inspections, and transversal inspections addressing working conditions, occupational safety, and training. In all cases, authorities may request service agreements, REPSE certificates, personnel lists, social security and tax compliance evidence, SISUB filings, and proof of training and supervision.
For beneficiary companies, the protocol reinforces an ongoing duty of due diligence and documentary supervision over service providers. For service providers, it raises expectations regarding workforce ownership, specialization alignment, and consistency between registered activities and actual operations.
Looking ahead, subcontracting compliance will continue to require a robust, audit ready approach, as discrepancies between contractual documentation and operational reality are increasingly treated as enforcement red flags.
Workplace Health, Ergonomics, and the “Chair Law” (Ley Silla)
On December 15, 2025, amendments commonly referred to as the “Chair Law” (Ley Silla) entered into force, reinforcing the right of employees who perform their activities in a standing position (bipedestación) to rest during the workday. In connection with these amendments, the STPS issued specific provisions addressing occupational risks associated with standing work, published in the Official Gazette.
Under these rules, workplaces in the services and commerce sectors, and industrial establishments where the nature of the work allows, must implement concrete preventive measures, including:
- Providing ergonomic seats or chairs with back support to employees performing standing activities.
- Conducting a risk analysis to identify standing work conditions (static, dynamic, or prolonged).
- Recording identified risks and preventive measures in the minutes of the Joint Occupational Safety and Health Committee.
- Selecting appropriate seating solutions based on job functions and environmental conditions.
- Implementing complementary measures such as task rotation, anti-fatigue flooring, and active break programs, as supported by the risk assessment.
These obligations aim to prevent health issues associated with prolonged standing, including musculoskeletal disorders, circulatory problems, fatigue, and pregnancy-related complications. While employers retain discretion to determine the frequency and form of rest periods, such decisions must be supported by documented risk analyses.
Enforcement outlook: compliance with the Ley Silla is expected to become a standard review point in both ordinary and extraordinary labour inspections, particularly in sectors with high employee turnover and public-facing operations.
