Employees vs Independent Contractors Mexico

Updated as of 2017

Introduction

As a country using a civil-law system, Mexico's labour relations were regulated under the concept of the Civil Code up to the end of the 19th century. According to the Code, labour relations were viewed as the leasing of workers, so that the worker was an independent contractor leasing his time, skills and energy to another party (natural or legal person). Consequently, at that time there was no distinction between the concept
of an employee, worker or an independent contractor.

At the end of the 19th century and the beginning of the 20th century, scholars and legislators considered that the services rendered by a worker were subject to the authority of the recipient of said services; therefore, the concept of ‘subordination’ became a factor which differentiated services rendered on an independent basis from other labour relationships not previously contemplated under the principles of the Civil Code, and as a result, the concepts of ‘worker’ or ‘employee’ and ‘employer’ appeared in the legal framework.