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San Luis Río Colorado, like the rest of Mexico, follows the Federal Labor Law for employment matters, including hiring and firing. The legislation emphasizes the principles of human rights, equal opportunities, non-discrimination, and productive development along with adequate remuneration. It is also dedicated to promoting good labor relationships and minimizing disputes in the workplace. The law sets forth obligations for employers and rights for employees, including termination rights and severance pay.
Legal assistance can be crucial for understanding and navigating the complexities of labor law, particularly when it comes to termination disputes, severance pay calculations, or instances of discrimination. An experienced lawyer can provide advice, defend your rights or represent your company, and facilitate negotiations. Legal help may also be necessary for ensuring compliance with local, state, and federal regulations during the hiring process.
The Federal Labor Law is binding throughout Mexico, including San Luis Río Colorado. It defines terms of employment, working hours, conditions, methods of payment, and rules concerning health and safety in the workplace. As for termination, there are justified causes (e.g., dishonesty, harassment, incompetence) and unjustified causes. In the latter case, employers must pay compensation to the dismissed employee. Unlawful dismissal due to discrimination is heavily penalized.
Justified dismissal under Mexican law includes reasons such as dishonesty, incompetence, revealing company secrets, absence for two days without justification, disrespect to the employer, among others.
For unjustified dismissal, an employee can claim payment of severance equivalent to 90 days' salary, plus 20 days' salary for each year of service.
The law prohibits any form of discrimination in labor relationships, based on origin, race, sex, age, disability, religion, political views, sexual orientation, etc. This applies both during hiring and termination processes.
Non-Mexican nationals can be hired, but companies must comply with specific regulations. For instance, 90% of employees must be Mexican. Exceptions may apply for directors and technical personnel.
No, Mexican law protects female employees during pregnancy and maternity leave, and any dismissal in such cases is considered unjustified.
Here are some resources that may be helpful:
If you believe you need legal assistance in the field of Hiring & Firing in San Luis Río Colorado, consider doing the following:
