In the current context of increasing globalization, international labor mobility is today an undeniable reality. Mexico, as a country receiving foreign talent, has established a legal framework aimed at regulating the hiring of non-national staff, seeking to balance the opening to global talent with the safeguarding of local employment.
The hiring of foreign personnel in Mexico must be carried out in strict compliance with the regulatory framework, which establishes specific limits and conditions to protect national employment and ensure compliance with applicable labor and immigration provisions. This framework is mainly regulated by the Federal Labor Law and the Immigration Law, together with its regulations.
In accordance with Article 7 of the Federal Labor Law, in all the companies established in Mexico, at least ninety percent of the workers must be Mexican. The remaining percentage -up to ten percent- may be occupied by foreign staff, as long as they perform executive, technical or specialized positions. This limit is not only quantitative, but also qualitative, since the law prohibits hiring foreigners for roles that can be filled by Mexican workers. In addition, foreign workers are required to train Mexican personnel in the jobs they perform, in order to promote the knowledge transfer and skills.
In the immigration area, in order for a foreigner to work legally in Mexico, he/she must have an immigration status that authorizes him/her to do so. The hiring company must be registered with the National Immigration Institute (INM) and submit a formal job offer to initiate the visa process.
In addition, there are strategic sectors, such as national security, energy, mining and certain public areas, where the legislation requires employees to be Mexican citizens by birth.
It is essential that companies carefully evaluate each foreign profile they wish to incorporate, ensuring that their hiring is fully justified by the required specialization. Failure to comply with these provisions may result in administrative sanctions, fines and even the cancellation of immigration permits.
At VAHG, we have a multidisciplinary team specialized in labor and immigration matters, which provides comprehensive advice to domestic and foreign companies to plan and execute their international hiring in a legal and strategic manner. We are convinced that regulatory compliance is not only a legal obligation, but also a key competitive advantage in the management of global talent.
| Elvia Ríos Saldaña | Partner
Immigration & Labor Compliance +52 (33) 38171731 Ext 228 | erios@vahg.mx |
Luis Andrés Estrada Intriago | Senior Associate
Immigration +52 (33) 38171731 Ext 224 | lestrada@vahg.mx |
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.