LRI 2022 Mexico - CLR

Mexico

2022 Score

74

Score Increase

2020 Score

71.5

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

60

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

80

Safe
Work

100

Social
Security

80

Fair
Treatment

80

Child &
Forced Labour

100

Trade
Union

50

Fair Wages

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

Decent Working Hours

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

Employment Security

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

Family Responsibilities

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

Maternity at Work

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

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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