Probation (Trial) Period in Mexico | Guide for Employers

What Is the Probation (Trial) Period in Mexico?

The probation or trial period in Mexico is a legally defined timeframe that allows an employer to evaluate whether a new employee is suitable for the role. Although the terms “probation” and “trial period” are often used interchangeably, they refer to the same concept under Mexican labor law.

This period is not automatic. It applies only when both parties agree to it in writing and include it clearly in the employment contract.

• Clear definition of probation vs. trial period
  Both terms refer to the initial evaluation period in which the employee already possesses the required knowledge and skills for the role, and the employer’s purpose is to verify and assess performance before confirming permanent employment.
  
  

• Purpose under labor law
  The goal is to validate that the employee can perform the job duties safely and effectively.
  
  

• Only for employees, not contractors
  Probation applies only to employees with formal contracts, never to independent contractors.
  
  

• Must be in the written contract
  If the contract does not explicitly state the probation terms, the employee is considered a permanent employee from day one.
  
  

This framework ensures that probation is legally valid and fairly applied under Mexico’s employment rules.

Legal Basis for Probation Period (Federal Labor Law Article 39-A)

Mexico’s probation period is strictly regulated by Article 39-A of the Federal Labor Law. This article explains when probation can be used, how long it can last, and which types of employment contracts may include it.

Probation is not automatic or implied. It must always be justified, limited to specific roles, and written clearly in the contract.

The law also distinguishes probation from training periods, ensuring both are used correctly and not abused by employers.

• Article 39-A rules
  Article 39-A allows probation only to verify that the employee has the skills needed for the job. It sets maximum durations depending on the job type.
  
  

• Who can have a probation period
  It applies only to employees hired under an individual employment contract. Contractors and outsourced workers cannot legally be placed on probation.
  
  

• Probation vs. training period
  These are different legal concepts. Probation tests suitability, while training develops skills. Both require written agreement and legal justification.
  
  

• Indefinite-term vs. fixed-term contracts
  Under Article 39-A of the Federal Labor Law, a probationary period may be established only for indefinite-term contracts or fixed-term contracts exceeding 180 days. Fixed-term contracts of 180 days or less cannot legally include a probation period.
  
  

The probationary period is intended solely to verify that the employee already meets the required knowledge and skills for the role. It may last up to 30 days, or up to 180 days only for managerial, executive, administrative, or specialized technical or professional positions. 

Proper documentation helps ensure lawful use of probation and reduces termination disputes.

Maximum Length of the Probation Period in Mexico

Mexico’s Federal Labor Law sets strict limits on how long a probation period can last. These limits depend on the type of position and the level of responsibility involved.

Employers cannot extend probation beyond the legal maximum, and any attempt to prolong it makes the probation invalid. Because of these strict rules, companies must define the correct duration in the written contract and justify it based on the nature of the job.

• Standard maximum of 30 days
  For most positions, probation cannot exceed 30 days. This applies to administrative, operational, clerical, and general roles where the duties can be evaluated quickly.
  
  

• Up to 180 days for specific roles
  Article 39-A allows probation of up to 180 days only for managerial positions, directors, technical roles, and highly specialized jobs. These roles require longer evaluation because they involve greater responsibility or advanced skills.
  
  

• Conditions required to justify a longer probation
  Employers must demonstrate that the job requires specialized knowledge or complex decision-making. Without a clear justification, the longer period may be considered invalid.
  
  

• No extensions beyond maximum limits
  Probation cannot be renewed, extended, or restarted. Once the maximum legal duration ends, the employee is considered permanent.
  
  

Staying within these limits ensures the probation period is legally valid. Using the correct duration prevents disputes and protects both employer and employee.

Requirements for Valid Probation Periods

For a probation period to be legally valid in Mexico, it must meet strict requirements set by the Federal Labor Law. These rules ensure probation is not misused and that employees are not left unprotected.

If any requirement is missing, the probation becomes invalid and the employment relationship is considered indefinite from the first day.

Proper documentation is essential because employers carry the full burden of proving that probation was agreed correctly.

• Must appear in the employment contract
  The probation terms must be written directly into the employee’s contract. Verbal agreements or informal arrangements have no legal value.
  
  

• Must be written and mutually agreed before the start date
  The probation clause must be in a written employment contract, signed by both parties at the start of the relationship. If the probation terms are added late or not documented correctly, there is a high risk that authorities will treat the employment as indefinite from day one and ignore the probation.
  
  

• Must be tied to job suitability evaluation
  Probation can only be used to assess whether the employee has the skills and competencies required. It cannot be used for temporary labor needs.
  
  

• If not included, employment is indefinite
  When probation is missing or unclear in the contract, the employee automatically gains full indefinite-term protection from day one.
  
  

These requirements ensure that probation is used legally and transparently. Clear agreements help prevent disputes and protect both the employer and the employee.

Employee Rights During the Probation Period

Employees in Mexico retain full labor rights during the probation period. Probation does not reduce benefits, weaken protections, or change the employer’s obligations.

From the first day of work, the employee is treated as a full employee for purposes of wages, social security, benefits, and workplace protections.

The only difference is that the employer is evaluating job suitability. All other rights remain intact and fully enforceable under the Federal Labor Law.

• Full wages
  Employees must receive their agreed salary in full. No wage reductions or “training-rate” payments are allowed.
  
  

• IMSS social security registration
  Registration with IMSS must occur from day one, even during probation.
  
  

• Vacation accrual and vacation premium
  Vacation days and the 25 percent premium accrue normally during probation.
  
  

• Christmas bonus (aguinaldo)
  Aguinaldo is earned proportionally from the first day of employment.
  
  

• Seniority accrues immediately
  Seniority begins on day one, which affects vacation entitlement, seniority premium, and future severance rights.
  
  

• Full workplace protections
  Employees are protected against harassment, discrimination, unsafe conditions, and retaliation, just like any other employee.
  
  

These rights ensure that probation is fair and follows the law. Employees stay fully protected while the employer assesses their job suitability.

Employer Rights During the Probation Period

Employers in Mexico have specific rights during the probation period, but these rights must be exercised carefully and within the limits of the Federal Labor Law.

The main purpose of probation is to verify whether the employee is suitable for the role. If the employee does not meet the required standards, the employer may end the relationship without owing mandatory severance.

However, this is only valid when the employer follows strict documentation and notification rules.

1. Ability to Terminate for Unsuitability

Employers may end the contract if the employee is not suitable for the job, provided the decision is based on performance or competency issues directly related to the role.

2. Termination Without Mandatory Severance

Termination due to lack of suitability is valid only on the final day of the probation period and must be properly documented at that time. Probation does not replace lawful procedures and is not a risk-free termination method. 

When applied correctly, no 90-day severance is owed, and the employee is entitled only to finiquito for accrued benefits.

3. Obligation to Document Performance Issues

Employers should keep written records or evaluations showing why expectations were not met. Termination for lack of suitability must occur on the final day of probation and be properly documented. 

Records should exist within the legal employer’s official systems in Mexico. While challenges are still possible, clear documentation helps reduce dispute risk.

4. Written Termination Notice

Termination at the end of a probationary period for lack of suitability is not a dismissal for cause and does not require a formal termination notice. 

The employer must document the evaluation and communicate the decision on the final day of probation, considering the opinion of the Productivity and Training Commission. When handled correctly, the relationship ends without liability.

These rights allow employers to assess performance while remaining compliant. Proper documentation ensures the termination is legally valid and helps avoid future disputes.

How Termination Works During the Probation Period

Termination during the probation period in Mexico must follow strict legal steps. Even though probation allows employers to end the relationship for lack of suitability, the process is not automatic.

The employer must document performance issues, communicate the decision correctly, and provide the employee with all earned benefits.

If any requirement is missing, the termination may be treated as unjustified, triggering full severance.

• Steps for lawful termination
  The employer must evaluate the employee’s performance, document deficiencies, and consider the Productivity and Training Commission’s opinion. If the employee is not suitable, the employment must be concluded on the final day of the probation period; no formal written termination notice is required under Article 39-A.
  
  

• Documentation proving non-suitability
  Employers should keep evaluations, records of errors, training feedback, and written notes showing why the employee did not meet job requirements.
  
  

• Severance vs. finiquito
  If termination is due to non-suitability, severance is not owed. The employee must still receive a finiquito for accrued benefits like wages, vacation, and aguinaldo.
  
  

• Risk of unjustified dismissal
  In such cases, the employer may owe full severance, including 90 days of salary and other statutory payments.
  
  

If documentation is insufficient, and the employer cannot show internal evidence that the employee failed to meet job requirements, or cannot demonstrate that the probation evaluation followed the required internal review process, including the opinion of the Productivity and Training Commission when applicable, labor authorities may declare the probation termination invalid.

In such cases, the termination may be treated as an unjustified dismissal, triggering full severance obligations.

What Happens After the Probation Period Ends?

Once the probation period ends in Mexico, the employee automatically transitions into full indefinite-term employment. There is no need for a new contract, renewal, or confirmation letter.

The Federal Labor Law considers a permanent employee with all corresponding rights and protections. Seniority counts from the first day of employment, not from the end of probation, which impacts future vacation entitlements, seniority premium, and severance rules.

At this stage, the employer can no longer terminate the employee based solely on performance documentation or “lack of suitability.”

• Automatic transition to indefinite-term employment
  When probation ends, the employee becomes a full permanent employee without needing any additional paperwork.
  
  

• Seniority continues from day one
  All seniority-based benefits, including vacation increases and seniority premium, continue uninterrupted from the first day of work.
  
  

• Full termination protections apply
  The employee becomes eligible for all protections under Mexican labor law. Unjustified termination now requires mandatory severance.
  
  

• Performance documentation is no longer enough
  Lack of suitability is no longer a valid reason for termination. The employer must rely on legally defined causes under Article 47.
  
  

These rules ensure stability for employees while requiring employers to follow strict termination standards.
Proper transition helps maintain compliance and avoid disputes after probation ends.

Common Employer Mistakes With Probation Periods in Mexico

Many employers unintentionally violate Mexican labor law by mishandling probation periods. Because probation is highly regulated, any mistake can make the employment relationship indefinite from day one, increasing termination costs and legal exposure.

Proper documentation, correct contract language, and accurate tracking are essential to avoid disputes and ensure full compliance with Article 39-A.

• Not including the probation clause in the employment contract
  If the clause is missing, probation is invalid and the employee becomes indefinite from the first day.
  
  

• Using probation periods longer than allowed
  Employers often exceed the 30-day standard limit or misuse the 180-day allowance for specialized roles.
  
  

• Mixing training and probation improperly
  Training periods and probation periods are different legal concepts. Incorrectly combining them invalidates both.
  
  

• Not registering employees with IMSS
  Some employers mistakenly delay IMSS registration during probation. This is illegal; registration must occur from day one.
  
  

• Ending probation without documentation
  Ending probation without internal evaluations or evidence of non-suitability is risky and can lead to a finding of unjustified dismissal. This also applies when an employer tries to end the relationship before the probation period has fully concluded, which automatically invalidates the probation outcomes.
  
  

• Assuming “at-will” termination applies
  Mexico does not recognize at-will employment. Employers must justify probation termination correctly.
  
  

• Poor tracking of probation end dates
  Missing the deadline makes probation invalid and triggers full employee protections.
  
  

Avoiding these mistakes helps employers use probation periods correctly and reduces legal risks. Clear processes ensure compliant hiring and termination practices in Mexico.

How HRM Ensures Legal and Compliant Probation Periods

Human Resources Mexico (HRM) ensures that every probation period is legally valid and fully compliant with Article 39-A of the Federal Labor Law.

As a real REPSE-registered Employer of Record with more than 16 years of physical operations in Mexico, HRM manages all documentation, timelines, and legal requirements to protect client companies from costly errors.

Our team ensures that probation is applied correctly, tracked accurately, and closed properly.

• Accurate probation clauses in employment contracts
  HRM drafts contracts that include legally compliant probation language, ensuring validity from day one and preventing disputes.
  
  

• IMSS registration from the first day of employment
  Every employee is registered with IMSS immediately, even during probation, maintaining full legal protection and payroll compliance.
  
  

• Tracking probation deadlines
  HRM monitors probation start and end dates, ensuring no deadlines are missed and preventing automatic transition issues.
  
  

• Prevents misclassification and liability
  HRM ensures employees are properly classified and protects clients from accidental severance obligations due to probation errors.
  
  

• Correct documentation and legal guidance
  If probation termination is required, HRM prepares the necessary performance evaluations, coordinates the opinion of the Productivity and Training Commission, and manages the employee notification process. We also provide full performance documentation and legal guidance to ensure the termination complies completely with Article 39-A.
  
  

These safeguards ensure probation periods are managed legally and consistently. To stay compliant and hire confidently in Mexico, contact HRM today and request a custom proposal.

FAQs About Probation Period in Mexico

Is a probation period mandatory in Mexico?

No. A probation period is optional and must be agreed to by both parties. If an employer wants to apply it, the terms must be written clearly in the employment contract before the employee starts working. Without this written agreement, the employee is considered permanent from day one.

How long can a probation period be?

The standard maximum is 30 days for most roles. Probation may extend up to 180 days only for managerial, director-level, technical, or highly specialized positions. These limits cannot be extended or restarted. Any attempt to exceed the legal maximum makes the probation invalid under Mexican labor law.

Do employees get benefits during probation?

Yes. Employees receive full legal benefits from their first day of work, even during probation. This includes wages, IMSS registration, vacation accrual, vacation premium, proportional Christmas bonus, and full workplace protections. Probation cannot be used to delay or reduce benefits in any way.

Can an employer terminate during probation without severance?

No. Under Article 39-A, an employer cannot terminate during probation. Termination for not passing probation is only valid on the exact final day of the period. The employer must document lack of suitability and consider the Productivity and Training Commission’s opinion. No severance is owed, but the employee receives a finiquito.

What happens if probation is not written in the contract?

If the contract does not include a probation clause, the probation period is legally invalid. The employee automatically gains full indefinite-term status from day one. This means any termination requires a legally justified cause or mandatory severance, significantly increasing employer risk.

Can probation be extended?

No. Extensions, renewals, or restarts of probation are not allowed under Article 39-A. Once the maximum legal duration ends, the employee becomes permanent. Any attempt to extend probation may be treated as an unjustified dismissal if the employer tries to end the relationship afterward.

Does probation apply to remote workers in Mexico?

Yes. Probation rules apply equally to remote, hybrid, and onsite employees in Mexico. As long as the individual works in Mexico under an employment contract, they are covered by the same probation rules, benefit rights, and termination protections defined by the Federal Labor Law.