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Maquiladora employer obligations in Mexico

Maquiladora employer obligations in Mexico

Maquiladora employer obligations are the same as those other employersin Mexico, and are governed by:

Mexican Federal Labor Law
Mexican Social Security Law
Mexican Safety and Hygiene regulations

Under Mexican labor law, one of the fundamental maquiladora employer obligations is that written agreements in the form of an “employment contract” exist between the company and the newly hired employee. Typically such agreements contain information including, but not limited to:

  • Date of contract
  • Probationary period definition

This information is typically included in employment contracts that apply to workers hired for a period that is expected to last 180 days, or last indefinitely.

  • Training period details

Training periods for postions such as those that are managerial, technical or professional in nature may be specified for a period that is usually between ninety and one hundred and eighty days.

  • Definition of Tasks

Employment agreements clearly define the task(s) that the worker has been hired to perform.

Maquiladora employmer obligations also include:

  • defining and paying salary;

In the case of direct labor workers salaried is paid on a weekly basis. Salaried workers;are paid every two weeks.

  • granting worker benefits as mandated per Mexican labor law;
  • making payments to Mexican Social Security (IMMS), as well as to the worker housing and retirement funds, as stipulated by law;
  • providing workers with the adequate tools and equipment required to perform the task(s) for which they have been contracted to perform;
  • participating in area safety and hygiene commissions for the purpose of ensuring worker safety, while keeping hazards to employees’ health at a minimum
  • retaining records related to the payment of:
  1. salary;
  2. taxes and social security contributions;
  3. housing and retirement fund contributions.
  • registering as an employer with IMMS, as well as informing IMMS regarding new hires and dismissal within a five day period of each event

For further, more complete and comprehensive, information on maquiladora employer obligations under Mexican law, interested parties are invited to contact Tecma’s Team of Human Resource Professionals.

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