Labor formalization of your company
Almost no employer loses a labor case for having made a bad decision: they lose it for not having documented it.
Signed contracts, complete personnel files under article 804 of the Ley Federal del Trabajo (Mexico's Federal Labor Law), internal workplace rules and a safe procedure for hiring and for ending employment relationships.
- Coverage
- Santa Rosalía and all of Baja California Sur
- Service
- In person and remote
- Practice areas
- Employer-side labor law · Conciliation and litigation
Documentary protection for patrones (employers)
Five fronts that leave every employment relationship documented and defensible.
- Document diagnosis
- Contracts and personnel files
- Reglamento interior (internal workplace rules)
- Records, notices and finiquitos (the final settlement Mexican labor law requires when a job ends)
- Representation before the Centro de Conciliación
The risk your company is carrying today
It is not a theoretical risk: it is the difference between defending a dismissal with paperwork and paying three months, twenty days per year and up to twelve months of back pay.
Check only what your company does have, today, in writing and easy to find:
Check the boxes that apply
The result appears here as you check them.
Talk about the resultI answer you myself, not a bot. If you prefer, leave your details and I will call you.
If you leave three or more boxes unchecked, your company has an open contingency for every worker in that condition: it is the direct consequence of articles 784, 804 and 805 of the Ley Federal del Trabajo.
What the law requires you to keep
What you must keep and produce
Individual contracts; payroll lists, payrolls or wage receipts; attendance records; and proof of PTU, vacation, aguinaldo, premiums and social security contributions.
- Contracts (section I)
- The whole relationship + 1 year
- Payroll, attendance and receipts (sections II, III and IV)
- The last year + 1 year
What happens if they do not turn up
The facts the worker states in the claim regarding those documents are presumed to be true, unless there is evidence to the contrary. Seniority, salary and working hours will be the ones the worker states, and it is on you to disprove them.
- Burden of proof (article 784)
- It falls on the employer
- Time to act after learning of the cause (art. 517, section I)
- One month
If the cause is not proven at trial
The full indemnity applies, with interest if the proceeding drags on.
- 3 months
- of salary as the indemnity required by Mexico's constitution.
- 20 days
- per year of service, where it applies.
- 12 months
- of salarios vencidos (back pay) from the dismissal, at most.
- 2% monthly
- interest on fifteen months of salary, capitalized at payment.
Plus the prima de antigüedad (the seniority premium). Basis: articles 48, 50 and 162 of the Ley Federal del Trabajo. Even with legal cause, a dismissal requires a written notice stating the conduct and the dates on which it took place, delivered in person or communicated to the Tribunal within the following five business days if the worker refuses to receive it (article 47). That is where most companies lose: not over the reason, but over the procedure.
How I formalize your company
An orderly process, with concrete deliverables and a procedure that stays in place so that the company is not left exposed again.
Diagnosis
A worker-by-worker review of the real state of the documentation.
Regularization
Everything that is missing is drawn up, according to the position and the real form of hiring.
Implementation
Signatures, acknowledgements and filing: the personnel file ends up assembled on paper and digitally.
Ongoing support
Registrations, terminations and disputes, with backing when something gets complicated.
What your company receives
Individual contracts
Drafted according to the position and the real form of hiring.
A file per worker
Assembled in accordance with article 804, on paper and digitally.
Reglamento interior
With proof of receipt from every worker and control of the signatures.
Attendance control
A format and a recording procedure that do work as evidence.
Records and written warnings
Formats and correct drawing up before witnesses.
Avisos de rescisión (termination notices)
Drafting, delivery and, where applicable, notice to the Tribunal.
Finiquitos and calculations
Calculation of the finiquito or the liquidación (severance) and the corresponding receipts.
Ratified settlement agreements
Before the Centro de Conciliación, with the effect of res judicata.
Legal representation
Pre-trial conciliation and litigation before the Tribunal Laboral (labor court).
Before and after formalizing
It is defended with whatever the other side says
- Seniority and salary are set by the claim.
- A dismissal with cause becomes indefensible.
- Every worker is an open contingency.
- You negotiate under pressure and pay more than you owe.
It is defended with its paperwork
- Every condition of work is proven.
- The dismissal holds up through procedure.
- The personnel file meets the terms of article 804.
- You negotiate from a position and close with a settlement agreement.
Schedule the diagnosis of your company
I review your workforce and your current documentation, I hand you the real state of risk worker by worker and a proposal with scope, timing and fees according to the number of employees. From there, you decide.
- Phone / WhatsApp
- +52 612 159 0392
- [email protected]
- Location
- Santa Rosalía, Baja California Sur
Leave me your details and I will call you
Tell me how many workers you have and what condition your documentation is in. I answer during office hours.
This page describes, in general terms, obligations set out in the Ley Federal del Trabajo and the scope of the professional services offered by Lic. Bross. Its purpose is informational and commercial: it does not constitute particular legal advice and does not create an attorney–client relationship, which is formed only through a services contract.
The scope, the timing and the fees are determined after the diagnosis, according to the number of workers, the line of business and the state of the existing documentation. The legal references correspond to the text in force as of the date of this edition.
Lic. Bross, specialist in labor law: labor formalization, conciliation and litigation for employers in Baja California Sur. Independent legal service; Bross Group · C.P. Israel Bross provides accounting services separately.