🇲🇽 墨西哥 × 勞動契約與試用期

勞動契約與試用期 — Mexico

Status: Content filled via web research.
Local currency: MXN (Mexican Peso)
Governing law: Ley Federal del Trabajo (LFT), with major reforms in 2012, 2019, and 2021

1. 主要法源 (Primary Sources)

• 法典：Ley Federal del Trabajo (LFT) 🟢
• 憲法基礎：Constitucion Politica, Articulo 123 — establishes fundamental labor rights at constitutional level 🟢
• 相關條文範圍：Articles 20-41 (Employment relationships & duration), Articles 39-A to 39-F (Trial period & initial training), Articles 12-15 (Outsourcing/subcontracting ban — 2021 reform) 🟢
• 主管機關：Secretaria del Trabajo y Prevision Social (STPS) 🟢
• 主管機關公布網址：https://www.gob.mx/stps 🟢
• 重要改革時間線：
  • 2012-11-30: Introduction of trial period (periodo de prueba) and initial training (capacitacion inicial) via Articles 39-A to 39-F. 🟢
  • 2019-05-01: Reform on labor justice and collective bargaining (primarily affecting unions and dispute resolution). 🟢
  • 2021-04-23: Outsourcing ban reform — prohibition of personnel subcontracting (subcontratacion de personal). 🟢

2. 核心規定 (Core Provisions)

2.1 契約類型 (Contract Types)

• 法條：🟢 — LFT Articles 20-28, 35-41

• 內容：
  Mexico distinguishes between the employment relationship (relacion de trabajo) and the individual employment contract (contrato individual de trabajo). Under Article 20, the employment relationship exists regardless of the form or name given to it — substance over form. 🟢

  Types of employment relationships by duration (Article 35): 🟢

  1. Por tiempo indeterminado (Indefinite-term): The default presumption. If no specific duration is stated, the relationship is considered indefinite.
  2. Por tiempo determinado (Fixed-term): Permitted only when the nature of the work justifies it (Article 37) — e.g., temporary replacement of another employee, temporary projects, or mine exploitation.
  3. Por obra determinada (Specific task/project): Duration tied to completion of a specific piece of work (Article 36).
  4. Por temporada (Seasonal): For activities that are discontinuous but recurring (Article 39-F, added in 2012 reform).
  5. A prueba (Trial period): Subject to Articles 39-A through 39-E (see Section 2.3).
  6. Para capacitacion inicial (Initial training): Subject to Article 39-B (see Section 2.3).

• 原則 — Indefinite-term presumption：If the nature of the work is permanent, the relationship is deemed indefinite regardless of any fixed-term label. 🟢

• 派遣與外包 (Subcontracting — 2021 Reform)：

  • Article 12 (reformed 2021): Personnel subcontracting (subcontratacion de personal) is prohibited. This means one entity may not provide or place its own employees at the disposal of another entity. 🟢
  • Article 13: Subcontracting of specialized services or specialized works that are not part of the beneficiary's corporate purpose or predominant economic activity is permitted, provided the contractor is registered with STPS. 🟢
  • Article 14: Subcontracting agreements must be in writing, specifying the scope and approximate number of workers. The beneficiary is jointly and severally liable for labor obligations if the contractor fails to comply. 🟢
  • Article 15: Contractors must register with STPS (Registro de Prestadoras de Servicios Especializados u Obras Especializadas — REPSE) and demonstrate compliance with tax and social security obligations. 🟢
  • Fines: VND equivalent — Fines of 2,000 to 50,000 UMA (Unidad de Medida y Actualizacion) for violations. At 2025 UMA values (~MXN 113.14/day), this translates to approximately MXN 226,280 to MXN 5,657,000. 🟡

2.2 書面要求與必要條款 (Written Form & Mandatory Clauses)

• 法條：🟢 — LFT Articles 24-28

• 內容：

  • Working conditions must be documented in writing (Article 24). 🟢
  • The absence of a written contract does not deprive the worker of rights — the employer bears the burden of proving the terms if no written contract exists (Article 26). 🟢
  • Written contracts must be made in two copies, one for each party (Article 24). 🟢

• 必要條款 (Article 25)：
  The written document must contain: 🟢

  1. Name, nationality, age, sex, civil status, CURP, RFC, and domicile of the worker and employer
  2. Whether the relationship is for a specific task, fixed-term, seasonal, trial period, initial training, or indefinite-term
  3. The service(s) to be performed, described as precisely as possible
  4. Place(s) where work is to be performed
  5. Duration of the workday
  6. Form and amount of salary
  7. Day and place of payment
  8. Indication that the worker will be trained per the employer's plans and programs
  9. Other working conditions (rest days, holidays, etc.)
  10. Designation of beneficiaries for death benefits

• Trial/training contracts: Must be documented in writing guaranteeing social security; otherwise the relationship is deemed indefinite-term (Article 39-A final paragraph). 🟢

2.3 試用期長度與規則 (Probation Period Length)

• 法條：🟢 — LFT Articles 39-A, 39-B, 39-C, 39-D, 39-E

• 內容：

  A) Periodo de prueba (Trial period) — Article 39-A: 🟢

  Position Type	Max Duration
  General positions (indefinite-term or contracts > 180 days)	30 days
  Management, executive, administrative, or specialized professional/technical positions	180 days

  • Trial periods apply only to indefinite-term relationships or those exceeding 180 days. 🟢
  • During the trial, the worker enjoys the full salary, social security, and benefits of the position. 🟢
  • At the end of the trial, if the worker fails to meet requirements, the employer may terminate the relationship without liability, subject to the opinion of the Comision Mixta de Productividad, Capacitacion y Adiestramiento. 🟢

  B) Capacitacion inicial (Initial training) — Article 39-B: 🟢

  Position Type	Max Duration
  General positions	3 months
  Management, executive, administrative, or specialized professional/technical positions	6 months

  • Initial training is for the worker to acquire the knowledge or skills necessary for the position. 🟢
  • During training, the worker receives full salary, social security, and benefits. 🟢
  • If the worker does not demonstrate competence, the employer may terminate without liability. 🟢

• 重要限制 (Article 39-D, 39-E)：

  • Trial periods and initial training are non-extendable (improrrogable). 🟢
  • Within the same enterprise, trial periods or initial training cannot be applied to the same worker simultaneously, successively, or more than once — nor for different positions or promotions (Article 39-D). 🟢
  • If the trial period or initial training ends and the relationship continues, it is deemed indefinite-term (Article 39-E). 🟢
  • Trial/training periods count toward seniority (antiguedad). 🟢

2.4 試用期終止條件 (Probation Termination Rules)

• 法條：🟢 — LFT Article 39-A (second and third paragraphs)

• 內容：

  • At the end of the trial period, if the worker does not meet the requirements and knowledge necessary for the work, the employment relationship terminates without employer liability (sin responsabilidad para el patron). 🟢
  • The employer must take into account the opinion of the Joint Committee on Productivity, Training and Skills Development (Comision Mixta de Productividad, Capacitacion y Adiestramiento) as well as the nature of the position. 🟢
  • The worker's rights during the trial are identical to those of a regular employee: full salary, IMSS enrollment, benefits, etc. 🟢

• 程序要求：

  • The trial/training arrangement must be in writing. Without written documentation, the relationship is automatically indefinite-term. 🟢
  • The worker must be enrolled in social security (IMSS) from the first day of the trial or training period. 🟢
  • 🟠 — In practice, employers should document performance evaluations during the trial to support a termination decision. While not explicitly required by statute, lack of documentation exposes the employer to claims of unjustified dismissal.

• 罰則：

  • If trial/training conditions are not documented in writing, the relationship is deemed indefinite, meaning the employer cannot terminate without standard severance obligations. 🟢
  • Failure to enroll the worker in IMSS from day one triggers social security penalties and potential criminal liability. 🟡

2.5 定期契約續約上限 (Fixed-Term Renewal Cap)

• 法條：🟢 — LFT Articles 35, 37, 39

• 內容：

  • Mexico does not have a numerical cap on fixed-term renewals in the same way as Vietnam or Brazil. Instead, the legality of fixed-term contracts depends on the nature of the work. 🟢
  • Fixed-term contracts are permitted only when the nature of the work justifies a predetermined end (Article 37): temporary replacement, inherently temporary projects, exploitation of a mine until exhaustion. 🟢
  • If the subject matter of the work subsists (i.e., the work is permanent), the employment relationship continues regardless of the stated term (Article 39). 🟢
  • Practical effect: Repeated renewal of fixed-term contracts for work that is permanent in nature will be recharacterized by labor courts as an indefinite-term relationship. 🟢

• 例外：

  • Seasonal work (por temporada) — recurring but discontinuous activities — has a specific framework under Article 39-F. Workers in seasonal arrangements have the same rights as indefinite-term workers proportional to their time worked. 🟢

2.6 競業禁止與保密條款 (Non-Compete & Confidentiality)

• 法條：🟠 — No specific LFT provision
• 內容：
  • The LFT does not explicitly regulate post-employment non-compete clauses. 🟠
  • Article 5(XIII) of the LFT declares null and void any stipulation that constitutes a waiver by the worker of their rights or the exercise of their actions. 🟢
  • Mexican courts have generally been hostile to post-employment non-compete clauses, viewing them as restrictions on the constitutional right to work (Article 5 of the Constitution). 🟠
  • Confidentiality clauses are more enforceable, particularly when linked to trade secret protections under the Ley Federal de Proteccion a la Propiedad Industrial. 🟡
  • Non-compete during employment is implicit in the duty of loyalty. Post-employment non-compete clauses may be enforceable only if: (a) limited in time and scope, (b) accompanied by compensation, and (c) not deemed a waiver of constitutional work rights. 🟠

3. 立法理由與實務見解 (Rationale & Practice)

• 立法背景：

  • Mexico's labor law framework is rooted in Article 123 of the Constitution (1917), one of the earliest constitutional labor rights provisions globally. The LFT has been significantly reformed three times in the past decade: 🟢
    1. 2012 Reform: Introduced trial periods (periodo de prueba) and initial training (capacitacion inicial) for the first time. Mexico previously had no statutory probation mechanism — employment was either indefinite or fixed-term, with no trial concept.
    2. 2019 Reform: Overhauled labor justice (replacing local conciliation and arbitration boards with federal labor courts) and strengthened collective bargaining and union democracy.
    3. 2021 Reform: Banned personnel outsourcing (subcontratacion de personal), requiring companies to directly employ their workers except for genuinely specialized services.

• 重要判決／函釋：

  • Tesis aisladas and jurisprudencia from the Suprema Corte de Justicia de la Nacion (SCJN) have consistently held that substance over form governs the determination of employment relationship type. 🟡
  • 🔴 — Specific tesis numbers on trial period termination challenges should be verified in the Semanario Judicial de la Federacion.

• 實務灰色地帶：

  • Trial period for promotions: Article 39-D prohibits using trial periods for promotions within the same enterprise, but employers sometimes attempt this. Courts tend to side with workers. 🟠
  • Capacitacion inicial vs periodo de prueba: Employers sometimes mischaracterize one as the other to gain extended trial periods. The distinction matters: training is for skill acquisition, trial is for competence verification. 🟠
  • Outsourcing compliance (REPSE): Following the 2021 reform, many employers struggled with the transition. The REPSE registry requirement creates ongoing compliance burdens — registration must be renewed every 3 years. 🟡

• 近年修法趨勢：

  • The 2019 reform establishing new federal labor courts is still being phased in across all states. Full implementation was expected by 2025. 🟡
  • Ongoing discussions about platform worker (gig economy) regulation, but no formal legislative proposal enacted as of early 2026. 🔴
  • Minimum wage increases have been significant (over 100% cumulative increase 2018-2025), affecting all salary-related contract provisions. 🟡

4. 雇主合規重點 (Employer Compliance Hotspots)

• 🟢All trial and training arrangements must be documented in writing with social security enrollment from day one — otherwise the relationship is deemed indefinite.
• 🟢Trial periods cannot exceed 30 days (general) or 180 days (management/specialized) — no extensions permitted.
• 🟢Trial/training cannot be applied to the same worker more than once in the same enterprise — not even for different positions.
• 🟢Workers during trial/training periods must receive full salary, benefits, and social security — no reduced probation wages.
• 🟢Fixed-term contracts are only valid when the nature of the work justifies a predetermined end. Repeated renewals for permanent work will be recharacterized as indefinite.
• 🟢Personnel outsourcing is prohibited (2021 reform). Only specialized services not part of the company's core business may be subcontracted, and the contractor must hold valid REPSE registration.
• 🟢The Comision Mixta opinion should be obtained before terminating a trial period — though the statute says "taking into account," not "requiring approval."
• 🟡Maintain documentation of performance evaluations during trial periods to support termination decisions.
• 🟡Verify REPSE registration of all service contractors and ensure renewal every 3 years.
• 🟠Avoid post-employment non-compete clauses — they carry significant enforceability risk in Mexico.

5. 與其他轄區的關聯 (Cross-References)

• 與 brazil：🔷 相似 — Both Latin American systems with strong worker protection. Brazil's probation (90 days max) is simpler; Mexico's trial period is shorter (30 days general) but supplemented by the initial training mechanism. Both prohibit reduced probation wages.
• 與 vietnam：🔷 相似 — Both have tiered probation periods based on position type (30/180 for Mexico vs 6/30/60/180 for Vietnam). Key difference: Vietnam allows reduced probation salary (85% minimum); Mexico requires full salary.
• 與 usa-federal：🔶 差異 — US at-will employment allows termination at any time without cause; Mexico has strong job stability (estabilidad en el empleo) with mandatory severance for unjustified dismissal.
• 與 china：🔶 差異 — China ties probation length to contract duration; Mexico ties it to position type. China allows reduced probation salary (80% minimum); Mexico requires full salary.
• 與 india：🔶 差異 — India's probation framework is largely contractual/employer-driven; Mexico's is statutory with specific duration caps and the unique initial training concept.

6. 風險警示 (Risk Flags)

• 🔴高風險 — Outsourcing ban violations: Personnel subcontracting carries fines of up to ~MXN 5.6 million and triggers joint liability for all labor obligations. The REPSE registry requirement adds ongoing compliance burden.

• 🔴高風險 — Undocumented trial periods: If a trial or training period is not documented in writing with social security enrollment, the relationship is automatically indefinite-term. Termination at the end of an undocumented trial constitutes unjustified dismissal with full severance liability.

• 🔴高風險 — Repeat trial periods: Using trial periods on the same worker more than once (even for different positions) violates Article 39-D and exposes the employer to claims.

• 🟡中等風險 — Fixed-term contract misuse: Using fixed-term contracts for permanent work is the most common labor law violation in Mexico. Courts consistently recharacterize these as indefinite-term relationships.

• 🟡中等風險 — Missing Comision Mixta opinion: While the LFT says the employer should "take into account" the Joint Committee's opinion when terminating a trial, the absence of this step can be used by the worker to challenge the termination.

• 🟡中等風險 — Constitutional right to work: Post-employment non-compete clauses may be struck down as unconstitutional. Employers relying on these should seek specific legal advice.

• 🟡中等風險 — Trial period for internal promotions: Article 39-D explicitly prohibits applying trial periods for promotions within the same enterprise. Employers who attempt this risk the promoted employee claiming unjustified demotion if returned to their prior position.

• 🟡中等風險 — Seasonal worker rights: Seasonal workers (por temporada) under Article 39-F have the same rights as indefinite-term workers proportional to their time worked, including seniority, vacation, profit-sharing, and social security. Employers sometimes underestimate these obligations.

7. 資料來源清單 (References)

1. 🟢Ley Federal del Trabajo — full text (Camara de Diputados) — http://www.diputados.gob.mx/LeyesBiblio/pdf/LFT.pdf (accessed 2026-04-10)
2. 🟢LFT Articles 35-41 (Justia Mexico) — https://mexico.justia.com/federales/leyes/ley-federal-del-trabajo/titulo-segundo/capitulo-ii/ (accessed 2026-04-10)
3. 🟢LFT Articles 20-34 (Justia Mexico) — https://mexico.justia.com/federales/leyes/ley-federal-del-trabajo/titulo-segundo/capitulo-i/ (accessed 2026-04-10)
4. 🟢DOF 2012-11-30 Reform Decree — https://www.dof.gob.mx/nota_detalle.php?codigo=5280815&fecha=30/11/2012 (accessed 2026-04-10)
5. 🟢DOF 2021-04-23 Outsourcing Reform — https://dof.gob.mx/nota_detalle.php?codigo=5616745&fecha=23/04/2021 (accessed 2026-04-10)
6. 🟡Art. 39-A Commentary (Conceptos Juridicos) — https://www.conceptosjuridicos.com/mx/ley-federal-del-trabajo-articulo-39-a/ (accessed 2026-04-10)
7. 🟡Art. 39-B Commentary (Leyes-MX) — https://leyes-mx.com/ley_federal_del_trabajo/39-B.htm (accessed 2026-04-10)
8. 🟡Holland & Knight — Outsourcing Reform Analysis — https://www.hklaw.com/en/insights/publications/2021/04/reforma-laboral-y-fiscal-en-materia-de-subcontratacion-de-personal (accessed 2026-04-10)
9. 🟡NAFTA-Law — Outsourcing Reforms 2021 — https://www.nafta-law.com/2021/04/outsourcing-reforms-in-mexico-2021/ (accessed 2026-04-10)

8. 待確認事項 (Open Questions)

• 🔴 — Specific tesis/jurisprudencia numbers from SCJN regarding trial period termination challenges — should be verified in the Semanario Judicial de la Federacion database.
• 🔴 — Current UMA value for fine calculation purposes — verify the 2026 UMA value published by INEGI (the 2025 value of MXN 113.14/day was used as an approximation).
• 🔴 — Status of the 2019 labor justice reform phase-in across all states — whether full implementation was completed by 2025 as planned.
• 🔴 — Whether any gig economy / platform worker legislation has been formally proposed or enacted in 2025-2026.
• 🔴 — Enforceability of non-compete clauses: while Mexican courts are generally hostile, specific recent precedents should be researched in local legal databases.
• 🔴 — Whether the Comision Mixta de Productividad, Capacitacion y Adiestramiento opinion is treated as mandatory or advisory in practice when terminating a trial period — judicial interpretation varies.
• 🔴 — Exact REPSE registration renewal cycle and current active registration count — verify with STPS registry data.
• 🔴 — Whether profit-sharing (PTU) obligations apply during trial/training periods — the LFT is silent on this specific point, though general principles suggest they do.