We are not a law firm. Do not consider our information as legal advice. This information has been summarized based on our legal inquiries. Information can become obsolete from one day to another due to changes in laws, regulations, or government procedures. Consult labor and tax attorneys for legal advice. (Note from HR Mexico staff)
Trusted -vs- Exempt Employees in Mexico
There are NO exempt employees in Mexico. In Mexico, a "Trusted Employee" classification exists in according the Federal Labor Law in Mexico.
- All employees in Mexico are subject to Mexico's federal labor laws (Payment of overtime, time off, vacation, etc.)
- Trusted employees in Mexico are defined by their job duties and not their job title
- Trusted employees are employees who direct the company, perform supervision, or audits of the company
- Trusted employees can be terminated if the employee commits an act which caused the employer to lose trust
Legal basis:
- Art. 182 FLS :Conditions of a trusted employee
- Art. 183 FLS: Trusted employees are not allowed to join a labor unions
- Art. 184 FLS: Conditions established on the collective employment agreement
- Art. 185 FLS: Terminate the work relationship by loss of trust in the employee.
- Art. 47 FLS: Causes of termination of the employment relationship without liability for the employer.
