After the Co-founder of AirBnB, the private accommodation giant, UNESCO and the Mexico City Government announced the campaign to make Mexico City a global hub for remote workers and as the capital of creative tourism, it makes us wonder: What do we need to hire foreign staff in Mexico?
Of course, we have to meet a number of legal requirements for this to happen. Without these, you could face penalties and fines.
What does the law say about hiring foreign personnel?
Article 7 of the Federal Labor Law states that:
"In every enterprise or establishment, the employer must employ at least ninety percent Mexican workers."
Foreign personnel also include those who are working remotely. This means that they do not necessarily have to be working in person.
Another point mentioned is that all professionals or technicians must be Mexican, unless they do not have the necessary knowledge to perform their duties.
What does this mean? Let's take an example:
Let's take the scenario in which a construction company has state-of-the-art machinery imported from Germany. To operate or maintain this machinery requires specific knowledge, which Mexican workers may not have.
This does not apply to medical personnel. All workers in this sector must be Mexican nationals.
What do I have to do to hire foreign personnel?
The first step is that the employer must have an "Employer's Certificate" issued by the National Immigration Institute (INM). To process this certificate, have the following documents at hand:
Individuals:
- Valid official identification
- Proof of address (Not older than 30 days)
- RFC
- Last tax return
- Fill out a form that can be found on the INM website.
Legal entities:
- Certificate evidencing the existence of the legal entity
- Document or deed specifying who the legal representative is
- Current official identification of the legal representative
- Proof of address of the legal representative
- RFC
- Last tax return
- List of all employees, must include the nationality of each employee.
- Fill out a form that can be found on the INM website.
It is very important to note that all documents must be submitted in original and copy.
But don't think that's all. After having the "Constancia de Empleador" to hire foreign personnel, there are other requirements you must fulfill.
What are the requirements for hiring foreigners?
- Migratory document of the candidate: This document is issued when a foreigner visits Mexico, it specifies all the activities that the person is allowed to perform. But be careful, because in case the activities listed in the document do not coincide with those of the job position, you must ask the candidate to process it again.
- Notify the INM: If you have decided to hire the foreign candidate, you must notify the National Immigration Institute. You must process his or her labor registration.
- Keep in mind that the foreign employee's immigration document has an expiration date: That's right, all immigration documents have an expiration date. Once it is lost, the foreign worker needs to update it or leave the company. This is because if he/she continues working with the expired immigration document, you could receive fines.
- Labor contract: This is the same for all workers (Mexican or foreign). A labor contract must be signed that states the activities to be performed, salary, working hours, benefits, etc.
- Employer's proof before the INM.
Finally, take into account that the procedure before the National Institute of Immigration takes up to 10 days. So you have to wait until you make a proposal to your foreign candidate.
What do you think about this topic? Do you think the process for hiring foreign personnel is easy or complicated?
Let us know in the comments.
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See you next time!
