74
71.5
Reasonable Access to
Decent Work
80
60
60
50
80
100
80
80
100
50
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates 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 |
| Does the law require regular payment of wages? | Yes | 1 | §123-A-VIII & XXVII of the Constitution, 1917; §82-116 of Federal Labour Law, 1970 |
| Does the law require overtime compensation 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 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §71 & 73 of Federal Labour Law, 1970 |
| Does the law require additional compensation for night work? | Yes | 1 | §123 of Political Constitution of Mexico, §60 & 61 of Federal Labour Law, 1970 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §123-A-XI of the Constitution, 1917; §58-68 of Federal Labour Law, 1970 |
| 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 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §63, 69-71, 177, 333-342 of Federal Labour Law, 1970 |
| Does the law require paid public holidays? | Yes | 1 | §74 of Federal Labour Law, 1970 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §76-81 of Federal Labour Law, 1970 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §20, 24-26, 33-35 of Federal Labour Law, 1970 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §35-39 of Federal Labour Law, 1970 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §39-A of Federal Labour Law, 1970 |
| Does the law require a 30-day notice before contract termination? | No | 0 | §42-47, 53, 132-XXIX, 133-XVI, 141 & 434 of Federal Labour Law, 1970 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | §48-50, 434 & 436 of Federal Labour Law, 1970 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §132.XXVII.Bis of Federal Labour Law, 1970 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §123-A-V of Political Constitution of Mexico, §170 (6) of Federal Labour Law, 1970 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §133 of Federal Labour Law, 1970 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §123-A-V of Political Constitution of Mexico, §170 of Federal Labour Law, 1970 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §170 (5) of Federal Labour Law, 1970 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §170 (5) of Federal Labour Law, 1970 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §5.10 of the NOM-012-STPS-1999; NOM-017-STPS-2008 on PPE |
| Does the law require the employer 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 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §58 & 64, Ley de Seguro Social, 1997 ; ISSA Country Profile for Mexico |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §138, 154-164 Ley de Seguro Social, 1995; ISSA Country Profile for Mexico |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §127-137, Ley de Seguro Social, 1995; ISSA Country Profile for Mexico |
| Does the law provide for unemployment benefit? | No | 0 | §191, Ley de Seguro Social, 1995; §436 of Federal Labour Law, 1970 |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §42.I&II of Federal Labour Law, 1970; §96-98 of Social Security Law |
| Does the law provide for invalidity benefit? | Yes | 1 | §119 – 126, Ley de Seguro Social, 1995; ISSA Country Profile for Mexico |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §123-A-VII of the Constitution, 1917; §3 & 5 of Federal Labour Law, 1970 |
| 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 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §1 (Chapter 1 of First Title) of Mexican Constitution 1917; §169 of the Civil Code, 2015 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Ley de Seguro Social, 1995; ISSA Country Profile for Mexico |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §5, 22, 23, 173-180, 988, 995 of Federal Labour Law, 1970; §47, Children & Adolescents Law, 2014 |
| 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 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §175-176 of the Federal Labour Law, 1970 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for 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 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §123-A-XVI-XVIII, Constitution 1917; §133, 440-471, Federal Labour Law 1970; USDOS CRHRP 2021 |
