Article 28 B of the Mexican Federal Labor Law
In the case of Mexican workers recruited and selected in Mexico, for a specific job abroad for a fixed term, who are placed by private entities, the following rules shall be observed:
- Worker placement agencies shall be duly authorized and registered, as applicable, in accordance with the provisions of the applicable legal provisions;
- Worker placement agencies shall ascertain:
- The veracity of the general working conditions offered, as well as those related to housing, social security and repatriation to which the workers will be subject. Said conditions must be dignified and not imply discrimination of any kind; and
- That the applicants have completed the procedures for the issuance of a visa or work permit by the consular or immigration authority of the country where the service will be provided;
- The placement agencies must inform the workers about the consular protection to which they are entitled and the location of the Mexican Embassy or consulates in the corresponding country, in addition to the competent authorities to which they may resort to enforce their rights in the country of destination.
In the cases in which the workers have been deceived with respect to the working conditions offered, the agencies for the placement of workers will be responsible for covering the respective repatriation expenses.
The Federal Labor Inspection will oversee compliance with the obligations contained in this article.
Article added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.