Hiring foreign personnel in Mexico can be an excellent opportunity to enhance a company’s talent and diversity. However, it is essential to comply with various legal and administrative requirements to ensure a proper process and mitigate risks for the organization.
First, it is important to clarify that foreign employees hired in Mexico have the same labor rights as Mexican nationals, as labor and social security regulations do not make any distinction in this regard.
Employer Obligations When Hiring a Foreign Worker
If offering a job to a non-resident foreigner, the employer must fulfill the following additional obligations:
Employer Registration with the National Immigration Institute (INM): The company must register in the Employer Registration System to obtain a Certificate of Employer Registration (Constancia de Inscripción de Empleador).
Visa and Residency Processing: The employer must complete the necessary procedures with the INM to ensure the foreign employee obtains a Visa for a Job Offer, followed by Temporary Residency with a Work Permit. If the foreign worker is already residing in Mexico, the company must verify that their immigration status is valid and allows them to engage in paid activities.
Validation of Professional Degrees: If the position requires a professional degree, the employer must ensure that the employee presents the official documents duly apostilled or legalized and translated into Spanish by a certified expert.
General Employer Obligations (Applicable to Both Foreign and Mexican Workers)
Regardless of nationality, employers must also:
Register the foreign employee with the Mexican Social Security Institute (IMSS) and comply with all corresponding social security obligations.
Withhold and report applicable Income Tax (ISR) according to Mexican tax laws.
Guarantee fair labor conditions in compliance with the Federal Labor Law.
Ongoing Compliance
Employers must stay informed about legal updates regarding foreign personnel to ensure continuous compliance with regulations throughout the employment relationship.
For this reason, having a law firm specialized in labor and immigration law is essential to guarantee full compliance with regulations and ensure a lawful and stable stay for foreign employees in Mexico.
Sincerely,