Mexican Labor Law & INFONAVIT: Rights and Obligations
Mexican Labor Law: Key Articles
Article 21. The existence of a contract and a working relationship are presumed between the individual providing personal work and the individual who receives it.
Article 23. Individuals over the age of sixteen can freely provide their services, with the limitations specified in this Law. Child workers can receive payment of their salaries and exercise their respective actions.
Article 24. Working conditions should be documented when there are no applicable collective agreements. There will be at least two copies, one of which will be held by each party.
Article 25. The written statement stating the conditions of employment shall contain:
I. Other conditions, such as rest days, holidays, and other agreements between the worker and the employer.
Article 30. The provision of services within the Republic, but in a location different from the worker’s usual residence and more than one hundred kilometers away, is governed by the provisions of Article 28, section I, as applicable.
Article 59. The employee and the employer shall determine the duration of the workday, without exceeding the legal maximum.
The night shift is between 8:00 PM and 6:00 AM.
Article 64. When the worker cannot leave the place where they provide services during the hours of rest or meals, the corresponding time will be computed as effective time of the workday.
Article 65. In cases of accident or imminent risk endangering the lives of workers, peers, or the employer, or the very existence of the company, the workday may be extended for as long as is necessary to avoid these evils.
Article 66. The workday can also be extended due to extraordinary circumstances, never exceeding three hours a day or three times a week.
Article 73. Workers are not required to serve on their days off. If this provision is breached, the employer will pay the worker, regardless of the salary due to them for the rest, a double salary for the service.
Article 74. The following are mandatory holidays:
I. December 25th, and the dates determined by federal and local electoral laws for holding elections.
Article 75. In the case of the previous article, the workers and employers will determine the number of workers required to serve. If no agreement is reached, the Permanent Conciliation Board, or in its absence, the Conciliation and Arbitration Board, will resolve the matter.
Article 77. Workers who provide discontinuous and seasonal services are entitled to an annual vacation period in proportion to the number of workdays in the year.
Article 78. Workers must continually enjoy at least six days of holiday.
INFONAVIT: Housing Fund for Workers in Mexico
Definition
The Institute of the National Housing Fund for Workers (INFONAVIT) is a tripartite Mexican institution with participation from the labor sector, businesses, and the government. It was founded in May 1972 by then-President Luis Echeverria Alvarez.
Purpose
- Provide credit to workers for obtaining housing.
- Manage savings in the National Housing Fund for retirement pensions.
Principles and Values of INFONAVIT
- Integrity and honesty
- Nobility and respect
- Fortitude and effectiveness
- Optimism and courage
- Cultural Nationalism
- Lifelong learning
- Commitment to service and dedication to the user
- Innovation and creativity
- Transparency
Attributes
- More credits
- Voluntary savings
- Efficiency
- Free choice
- Technology
- Transparency
- Fair treatment
INFONAVIT Credit
It is a right or benefit for workers affiliated with INFONAVIT. This loan is subject to compliance with the Rules of Credit Extension.
Among the factors relevant to determining the feasibility of granting credit, the determination of the amount, interest rate, and lease term are the following:
- Age and salary
- Time spent working continuously
- Time spent working in the same job
- Amount of housing sub-account balance
Requirements for INFONAVIT Credit
- Be affiliated with INFONAVIT with current employment, earning at least minimum wage.
- Meet the minimum score of 116 points.
- The value of the housing to be acquired, constructed, expanded, remodeled, or settled with any other financial institution cannot exceed 350 times the minimum wage in Mexico City or 300 times the minimum wage in the interior of Mexico.
- Not having previously had a loan from INFONAVIT.
- The property must be for residential use only. It must not have shops or be settled in areas of risk.
- The lifespan of the dwelling must be at least 30 years.
- It is important to inform the claimant that they acquire an obligation when getting a loan, and payments and expenses must be covered.