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The wage and hour law in Tijuana, Mexico is based on the Mexican Federal Labor Law. It establishes rules and regulations surrounding employment matters including minimum wage, overtime pay, rest days, and holiday pay. Employers who do not comply with these regulations may face legal repercussions.
Consulting with a lawyer may become necessary when there are discrepancies in salaries, unfair wage deductions, non-payment of overtime or when employees are wrongfully classified as exempt from receiving overtime. Also, you may require legal help during disputes about fair compensation for termination, or if there is any type of retaliation from your employer after you brought forward a wage and hour concern.
Within Tijuana, the minimum wage for 2021 is 213.39 Mexican Pesos per day. Workers are entitled to at least one day off after every six days of work. Overtime is paid at double the salary rate for the first nine hours and triple the salary rate beyond that. There are additional regulations for work on Sundays and public holidays. If you believe your employer is not following these rules, you may have a legal case.
The standard working week in Tijuana, according to federal law, is 48 hours, typically divided across six days.
No, an employer must pay the minimum wage regardless of any agreement made with the employee.
In this scenario, consulting with a labor lawyer would be recommended. You could also potentially file a complaint with the local labor authorities.
No, under Mexican Federal Labor Law, it is illegal for an employer to retaliate against an employee for asserting their rights.
Employees who believe they are being paid less than the legal minimum wage can file a complaint with the local labor authority or seek legal counsel.
You may want to visit the website of the Department of Federal Labor in Mexico for more information. Non-profit organizations, such as the Mexican Commission for the Defense and Promotion of Human Rights, can also provide support and guidance.
If you feel your rights are being violated, it’s important to collect all relevant employment documentation like pay stubs and work schedules. Subsequently, you should seek legal counsel with an experienced labor lawyer to understand your legal options and decide on the best course of action.
