Article 28 A of the Mexican Federal Labor Law
In the case of Mexican workers recruited and selected in Mexico, for a specific job abroad for a determined duration, through mechanisms agreed upon by the Mexican government with a foreign government, the provisions of said agreement will be complied with, which at all times will safeguard the rights of the workers, in accordance with the following bases:
- The general working conditions for Mexicans in the receiving country will be dignified and equal to those granted to workers of that country;
- Upon issuance of the visa or work permit by the consular or immigration authority of the country where the service will be rendered, it will be understood that said authority has knowledge that an employment relationship will be established between the worker and a specific employer;
- The conditions for repatriation, housing, social security and other benefits will be determined in the agreement;
- Recruitment and selection will be organized by the Ministry of Labor and Social Welfare, through the National Employment Service, in coordination with state and municipal authorities; and
- It will contain mechanisms to inform the worker about the Mexican consular and diplomatic authorities to which he/she may resort abroad and the competent authorities of the country where the services will be rendered, when the worker considers that his/her rights have been undermined, in order to exercise the appropriate legal action.
Article added by the Decree by which several provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.