One of the main points that we must take into account when hiring employees in Mexico is the issue of compensation for unjustified dismissal of a worker, which is monetary compensation that the employer must pay the worker in the event that This does not justify the cause of the labor termination.
The amount of said compensation will depend on the time worked by the worker for the company.
What makes up the compensation for unjustified dismissal in Mexico?
The compensation is made up of:
- 3 months salary,
- 20 days salary per year worked, and
- payment of their benefits proportionally (Christmas bonus, vacations, vacation bonus).
As we can see, the compensation amounts in Mexico can be quite high, so an effective recruitment and selection process is recommended to avoid dismissals within the companies, as well as making calculations to provision possible payments for compensation for unjustified dismissal. .
What are the grounds for justified dismissal?
According to Federal Labor Law in Mexico, the following grounds for dismissal are established:
- Deceive the employer, with false certificates or references that attribute skills to the worker that he lacks.
- The worker incurs, during his work, in acts of violence, threats, insults or mistreatment against the employer, his relatives or the managerial or administrative staff of the company or establishment, or against the employer's clients and suppliers, as well as with your co-workers.
- Intentionally causing damage to work-related objects.
- Compromise the security due to imprudence or carelessness of the establishments or people who are in it.
- Commit immoral acts or sexual harassment of any person in the workplace.
- Reveal manufacturing secrets.
- Having more than 3 absences in a period of 30 days without permission or just cause.
- Attend work while intoxicated or under the influence of any narcotic or intoxicating drug.
- Executory sentence that imposes a prison sentence on the worker.
- The lack of documents required by laws and regulations, necessary for the provision of the service when it is attributable to the worker.
If the worker resigns, do I have to pay compensation for unfair dismissal?
In the event that the worker makes a voluntary termination of employment, the employer is not obliged to cover compensation for unjustified dismissal and must only cover what is owed to the worker, such as: Christmas bonus, vacations, vacation premium, among others. .
We invite you to learn more about topics of business interest in Mexico on our blog.
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