Mexico’s child labor laws regulate employees younger than 18 years old. Mexico is committed to eradicating child labor, so lawmakers draft our laws according to the International Labor Organization’s framework. Minors can work from age 15 onwards and have special employee benefits and regulations. Mexico’s Federal Labor Law has a Title on the work of minors, which will be the focus of this article. So, let’s get to it.
An Overview Of Mexico’s Child Labor Laws
Mexico’s Federal Labor Law (LFT), one of the employment laws in Mexico, has dedicated a special Title on the work of minors. This Title will be the focus of this article. Let’s look at the important parts.
Article 22 of the LFT.- Those over fifteen years of age may freely render their services with the limitations established in this Law.
Those older than fifteen and younger than sixteen need authorization from their parents or guardians and in their absence, from the union to which they belong, from the Court, from the Labor Inspector or from the Political Authority.
As you can see, the minimum work age is 15. Companies cannot hire employees under 15. Therefore, we can conclude that child labor laws in Mexico apply to a range of three years for employees between 15 and 18, which is the legal age. Provided that the provisions of the law are met (which we will discuss shortly), employees within this range may work. Kids that are 15 years old need their parent’s authorization.
Article 22 Bis of the LFT states that kids between 15 and 18 cannot work if they have not finished elementary school unless they get special approval from the labor authority.
Mexico’s Child Labor Laws Requirements
As we just stated, a minor has special requirements to work. Here’s a summary of them.
- The employee must be at least 15.
- He/she must possess a medical certificate confirming their fitness to work.
- The minor must submit to periodical medical examinations.
- The minor must have the necessary skills to render the service.
Limitations To Hiring A Minor
As we already stated, the employer must respect the minor’s schooling. Also, Mexico’s child labor laws limit work conditions. Article 175 of the LFT states these. We’ll briefly discuss each.
Good Customs
Child labor laws in Mexico forbid minors from working in places that go against good customs. This may not sound concrete, but you probably know what it means. Mexico’s child labor laws forbid the hiring of kids in places like bars or nightclubs where they sell alcohol and probably consumption of other substances, too. The law refers to these as vice centers. Another fraction of the law states that they cannot work in anything likely to affect their moral compass; this can be a casino, cabaret, etc. If you think about it, they will probably sell alcohol in any such place, anyway.
Work Risk
Minors cannot work in places where the work risk is high, meaning that there are dangerous chemicals or the nature of the work is dangerous. Furthermore, they cannot engage in physically demanding tasks, such as lifting heavy objects or working extended hours in direct sunlight.
Authorities forbid minors from working in the event of an officially declared health contingency.
Mexico’s Child Labor Laws On Work Week And Overtime
Minors have a special workweek in Mexico. First, the maximum workday for minors is six hours, which is two hours less than the workday for adults. Second, the lunch break is one hour, double what an adult gets. Third, they can only work during the day; authorities forbid minors from working past 10:00 p.m.
Authorities discourage overtime for underage employees. Mexican child labor laws mandate that employers pay minors triple their regular wage, a 200% premium, for any overtime worked.
If a minor must work on a Sunday, the day the law states we should rest, or on any mandatory rest days, the employer must pay the minor triple for that day.
Summary Of Mexico’s Child Labor Laws
Employers Obligations
Article 134 of the LFT states employers’ obligations, but another set of obligations is mandatory when hiring a minor.
- The employer must train the minor, evaluate their performance, and ensure they are physically and mentally fit for the work.
- Notify the labor authorities when hiring a minor.
- Submit the necessary reports to the authority.
- Request the appropriate medical certificates stating the minor is fit for work.
- The employer must ensure compliance with Mexico’s child labor laws and regulations.
- Document the minor’s work conditions.
Conclusion
Lawmakers designed Mexico’s child labor laws to protect minors when rendering a service to an employer. The minimum legal age to work in Mexico is 15, and employees are considered minors until they turn 18.
Minors have a special set of employee benefits to protect them from burnout. Also, employers must always put minors’ academic education before work.
