74
74
71.5
Reasonable Access to Decent Work
80
60
60
50
80
100
80
80
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §123-A-VI of the Constitution, 1917; §90-97, 540, 560-562 & 570 and 1004 of Federal Labour Law, 1970 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §123-A-VIII & XXVII of the Constitution, 1917; §82-116 of Federal Labour Law, 1970 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §123-A-XI of the Constitution, 1917; §58-68 of Federal Labour Law, 1970; Decision (No. 107/2018) by the Second Chamber of the Supreme Court | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §71 & 73 of Federal Labour Law, 1970 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §123 of Political Constitution of Mexico, §60 & 61 of Federal Labour Law, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §123-A-XI of the Constitution, 1917; §58-68 of Federal Labour Law, 1970 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §123-A-XI, Constitution 1917; §58-68, Federal Labour Law 1970; Decision (No. 107/2018) of Second Chamber, Supreme Court | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §63, 69-71, 177, 333-342 of Federal Labour Law, 1970 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §74 of Federal Labour Law, 1970 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §76-81 of Federal Labour Law, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §20, 24-26, 33-35 of Federal Labour Law, 1970 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §35-39 of Federal Labour Law, 1970 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §39-A of Federal Labour Law, 1970 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §42-47, 53, 132-XXIX, 133-XVI, 141 & 434 of Federal Labour Law, 1970 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §48-50, 434 & 436 of Federal Labour Law, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §132.XXVII.Bis of Federal Labour Law, 1970 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §123-A-V of Political Constitution of Mexico, §170 (6) of Federal Labour Law, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §133 of Federal Labour Law, 1970 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §123-A-V of Political Constitution of Mexico, §170 of Federal Labour Law, 1970 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §170 (5) of Federal Labour Law, 1970 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §170 (5) of Federal Labour Law, 1970 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §123-A-V of Political Constitution of Mexico, §133 (15) of Federal Labour Law, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §5.10 of the NOM-012-STPS-1999; NOM-017-STPS-2008 on PPE | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §153(A-X) of Federal Labour Law, 1970; §5(8) of the NOM-012-STPS-1999 ; §6(7) & 11 of the NOM-018-STPS-2015 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §123-A-V of Political Constitution of Mexico, §166-167 of Federal Labour Law, 1970 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §58 & 64, Ley de Seguro Social, 1997 ; ISSA Country Profile for Mexico | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §138, 154-164 Ley de Seguro Social, 1995; ISSA Country Profile for Mexico | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §127-137, Ley de Seguro Social, 1995; ISSA Country Profile for Mexico | No Change |
| Does the law provide for unemployment benefits? | No | 0 | §191, Ley de Seguro Social, 1995; §436 of Federal Labour Law, 1970 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §42.I&II of Federal Labour Law, 1970; §96-98 of Social Security Law | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §119 – 126, Ley de Seguro Social, 1995; ISSA Country Profile for Mexico | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §123-A-VII of the Constitution, 1917; §3 & 5 of Federal Labour Law, 1970 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §133-XII&XIII & 994-VI of Federal Labour Law, 1970; §259-Bis of Federal Penal Code | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §01 & 04 of the Constitution, 1917; §3, 132-VI, 133(I) & 164 of Federal Labour Law, 1970 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §1 (Chapter 1 of First Title) of Mexican Constitution 1917; §169 of the Civil Code, 2015 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Ley de Seguro Social, 1995; ISSA Country Profile for Mexico | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §5, 22, 23, 173-180, 988, 995 of Federal Labour Law, 1970; §47, Children & Adolescents Law, 2014 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §6 & 129 of the General Law on Education, 2019 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §175-176 of the Federal Labour Law, 1970 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §11, 12, & 22, Trafficking in Persons Law, 2012; §47, Law on the Rights of Children & Adolescents, 2014 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §123-A-XVI of the Constitution, 1917; §354-385 of Federal Labour Law, 1970; CEACR C87 Obs. 2021 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §107 and 123 of the Constitution, 1917; §386-403 of Federal Labour Law, 1970; CEACR C98 DR 2021 | No Change |
| Does the law provide the right to strike? | No | 0 | §123-A-XVI-XVIII of the Constitution, 1917; §440-471 of Federal Labour Law, 1970; CEACR C87 DR 2021 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §123-A-XVI-XVIII, Constitution 1917; §133, 440-471, Federal Labour Law 1970; USDOS CRHRP 2023 (Mexico) | No Change |