Short answer
Mexican labor disputes now start with mandatory pre-judicial conciliation before a Conciliation Center and, if there is no settlement, continue before the Labor Courts. Many employer losses come from paperwork: a dismissal notice that was not delivered in time, settlements that were never ratified, or contractors without the required registration. We help in-house legal and HR teams get those steps right and defend the company when a claim arrives.
What we handle
Conciliation and lawsuits
Pre-judicial conciliation hearings and defense of individual labor lawsuits.
Terminations
Written dismissal notices, supporting documents and termination strategy.
Settlements
Written settlement agreements ratified before the Conciliation Center or the Labor Court.
Contracts and policies
Individual employment contracts, internal work rules and HR policies.
Specialized services (REPSE)
Review of service contracts and of contractor registration and compliance documents.
Inspections
Support during visits and inspections by labor authorities.
Rules your HR team should know
Written dismissal notice. The notice of termination for cause must be in writing and state the conduct and dates. If it is not delivered to the employee, or filed with the Labor Court within the following five business days, the dismissal is presumed unjustified (Federal Labor Law, article 47).
Cost of an unjustified dismissal. The employee may claim three months of salary plus back wages of up to 12 months; after that period, 2% monthly interest on 15 months of salary accrues (article 48). Where the employer is exempt from reinstatement in the cases of article 49, article 50 adds 20 days of salary per year of service for indefinite-term employment.
Settlements must be ratified. A termination or settlement agreement must be in writing and ratified before the Conciliation Center or the Labor Court to give the company certainty (article 33).
Outsourcing ban. Subcontracting of personnel is prohibited (article 12). Only specialized services or works that are not part of the client's corporate purpose or main activity may be subcontracted, through a contractor registered with the Ministry of Labor (articles 13 and 15). If the contractor fails to meet its obligations to its workers, the client company is jointly liable (article 14).
Answering a lawsuit. Once the company is served, it generally has 15 days to answer the claim, so the file and the evidence should be gathered immediately.
Source: Ley Federal del Trabajo, text published by the Chamber of Deputies (diputados.gob.mx). General information, not legal advice for a specific case.
Frequently asked questions
Do you represent employees?
No. Our employment practice is employer-side only, to avoid conflicts of interest.
Is conciliation mandatory before a labor lawsuit?
As a general rule, yes. Before filing most individual claims, the parties must attend pre-judicial conciliation before the Conciliation Center; some matters are exempt by law.
How much is severance for an unjustified dismissal in Mexico?
Under the Federal Labor Law (article 48), the worker may claim three months of salary plus back wages of up to 12 months; after that, 2% monthly interest on 15 months of salary. Where the employer is exempt from reinstatement (article 49), article 50 adds 20 days of salary per year of service in indefinite-term employment. Other benefits may also apply.
Can you handle matters at plants in several states?
Yes. We coordinate from Guadalajara and work with correspondent lawyers in other Mexican states.
Related: corporate legal counsel in Guadalajara · commercial debt collection in Mexico · versión en español