Recruitment

Advertising

What are the requirements relating to advertising positions?

Employers have the right to freely advertise vacancies and positions. Recruitment processes must be done carefully so as not to create a labour relationship while making assurances and provisions in writing. Offer letters must always be contingent on written acceptance by both parties and background checks. Even though solicitation is permitted, it is important not to advertise positions establishing requirements which are not essential (eg, race, religion, gender, social status, physical appearance or any other category that could fall under a suspicious practice of corporate discrimination).

Background checks

What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

Employers can freely ask any candidate and can also conduct legal searches with applicable authorities.

(b) Medical history?

Employers can freely ask any candidate.

(c) Drug screening?

Employers may require screening and would be obliged to secrecy. If positive, the employer must be careful not to deny employment solely on the basis of a positive result.

(d) Credit checks?

Credit checks are applicable.

(e) Immigration status?

It is an obligation to inquire about immigration status and to resolve all migratory issues before hiring a foreign candidate. If the Migration Institute realises that foreign nationals are working without permission, employees may be subject to deportation and the employer would be liable to pay penalties and fees.

(f) Social media?

This is private information and direct involvement by an employer could be considered an offence.

(g) Other?

Employers can use any information that is publicly available, but must never pry or infiltrate social media, email or other closed personal accounts. Before offering employment, employees may be subject to drug screening and must sign a waiver. While recruiting, employers need to maintain objectivity and must never deny employment due to race, sexual preference, appearance, colour, religion or other aspects that may imply discriminatory practices.

Wages and working time

Pay

Is there a national minimum wage and, if so, what is it?

National minimum wage changes yearly; for 2018 it is Ps88.36 per day.

Are there restrictions on working hours?

In accordance with the Organisation for Economic Cooperation and Development, Mexico has an average working week of 43 hours, which is legally...