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Mexico Employment Info
Terms in this set (21)
Can contracts be backdated?
No - can provide a sign on bonus
How are contracts signed?
In-Person, can be mailed
What do employees have access to from the compulsory contributions?
Medical, child day care, compensation for accidents and diseases, pension upon death or disability, pregnancy benefits
How many hours a week can an employee work?
48 hours for day work, 5 days a week, including 60 minutes to rest in the day. can be modified with employer/employee agreement
How often are employees paid?
Twice a month - on the 15th and last day of the month
How do grocery coupons work?
Employee will receive a monthly amount of 7% over monthly salary (capped) paid on the 15th of each month
How does overtime work?
Any hours in excess of statutory limits are considered overtime. Employee receives premium of 100% on top of normal pay for first 9 hours worked in the week. Then 200% for 10 and above
Is there a Probation period?
Serviap uses a 30-day probation period. Can be extended up to 180 days in special circumstances (i.e. employee is in managerial, technical, or professional position)
How many minimum vacation days are employees entitled to?
Based on seniority:
First year - 6 days
Second year - 8 days
Third year - 10 days
Fourth year - 12 days
Fifth to Ninth - 14 days
What is the standard we see with vacation days granted?
15 - 25 days
What is a vacation premium? What is the statutory minimum due to employees? Can this be increased?
This is what employees receive on their days off on top of their daily rate. The minimum is 25% (so they would receive 125% of salary) and can be increased based on clients decision (we usually see a 50 - 75% rate)
Is there payment when an employee works on a holiday?
Employees cannot be compelled to work on a mandatory holiday. If they do, hours must be agreed upon between EE and ER and they will receive three times their normal rate of pay. They also can agree in writing that they will receive a day off in lieu - but is important to note employee could come back on this in a messy termination and claim payment for time off.
Can leave be carried over?
It can with the employers written consent
What is 13th Salary/Christmas Bonus?
Employers must give each employee equivalent of minimum 15 days salary (can be increased) by December 20th of each year.
How can an employment agreement be terminated?
Death or physical/mental incapacity
Fixed term - ends at completion of specified term or when task/project is completed
Explain how severance pay works
Without a just cause, the employee is entitled to receive a severance payment of:
-three months full pay
-accrued benefits during the last year
-20 days of salary per year of service with the employer
-Seniority Bonus or 12 days pay - capped
What is the statutory notice period?
There is no enforceable notice period in Mexico
When can you have a fixed-term contract in place?
-a fixed term is required by the nature of the work
-for a temporary replacement of an absent employee
-a specific task
Can Seniority be stated in the contract?
Yes, it can - it must be respected for holidays and severance payment
Can we offer supplemental benefits?
Yes, Serviap has a group plan in place that we can enroll employees on
Can we offer pension plan and / or savings fund?
Serviap can only offer allowances in lieu of those benefits. Employee can then use this to pay a private plan
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