Article 28 of the Mexican Federal Labor Law

Article 28 of the Mexican Federal Labor Law

In the rendering of services of Mexican workers outside the Republic, hired in national territory and whose employment contract is governed by this Law, the following shall be observed:

1. The working conditions shall be recorded in writing and shall contain in addition to the stipulations of Article 25 of this Law, the following:
   1. Indicate that repatriation expenses shall be borne by the contracting employer;
   2. The conditions of decent and hygienic housing that the worker will enjoy, by means of leasing or any other form;
   3. The form and conditions under which the worker and his family will be provided with the corresponding medical attention, if applicable; and
   4. The mechanisms to inform the employee 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 employee considers that his/her rights have been undermined, in order to exercise the appropriate legal action;
2. The employer will indicate in the employment contract domicile within the Republic for all legal effects;
3. The employment contract will be submitted to the approval of the Federal Center for Labor Conciliation and Registration, which, after verifying that it complies with the provisions referred to in sections I and II of this article, will approve it.
   In the event that the employer does not have a permanent establishment and tax domicile or commercial representation in Mexican territory, the Federal Center for Labor Conciliation and Registration will establish the amount of a bond or deposit to guarantee compliance with the obligations contracted. The employer must prove before said Center the granting of the bond or the constitution of the deposit;

   Section amended by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019, are amended, added and repealed.

4. The worker and the employer must attach to the employment contract the visa or work permit issued by the consular or immigration authorities of the country where the services are to be rendered; and
5. Once the employer proves before the Federal Center for Labor Conciliation and Registration that it has complied with the obligations contracted, the cancellation of the bond will be ordered or the return of the deposit that it had determined.

Section amended by the Decree amending, adding and repealing several provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Public Defender’s Office Law, the Law of the National Workers’ Housing Fund Institute and the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
Article amended by the Decree amending, adding and repealing several provisions of the Federal Labor Law, published in the Official Gazette of the Federation on November 30, 2012.