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7 legal issues you have to consider before hire an employee.


 Do not risk your assets. The Mexican Labor Law extremely protects the working class. You have to be duly informed before initiate any kind of work relationship with an employee.

We present 7 issues you must know before hire an employee.

  1. Age. It is important to be aware about the age of your future employee, because if he is minor of 16 years, the work relationship will be conducted under special conditions. For example: the working day should not exceed more than 6 hours per day.
  2. Pregnant Possibility. If your future employee became pregnant, she will be temporarily unfit for work due to her condition and for such reason se will not work up to 85 days and the employer has the obligation to pay her salary during those 85 days due to pregnancy period.
  3. The standing of the employee in other jobs. Every time a work relationship ends there is the possibility that the employee sue a labor lawsuit. If the previous work relationships of the employee were short duration it is very probable that the new relationship with you will be ending up in the same way.
  4. The reason of the termination of the work relationship. Usually the behavior of the employee is repetitive, that means if the employee conclude in bad terms his last work relationship there is a high possibility that this happen again with you.
  5. The names of the former companies in which the employee used to work. Being aware of the former companies in which the employee worked will provide you a better knowledge regarding the expertise and capacity of the employee.
  6. The amount of the monthly expenses of the employee. If the offered salary is not enough for the employee, he will not develop his activities with good attitude and he will be searching new opportunities, and this could be ending up in an early termination of the work relationship with the possibility of a labor lawsuit.
  7. A non criminal records certificate. This document is issued by the state government and with this certificate you will know if you future employee has criminal records or no.

In our life we try to have a good nutrition we consume vitamins to prevent diseases. It is similar in labor matters in order to protect our assets we have to take certain precautions. We mention 7 useful actions before hire an employee:

  1. Request personal and labor references. It is always important to be aware how your future employee is in the personal and work field.
  2. Sign a labor contract. This document will be useful to demonstrate the date in which the employee starts to work among other issues.
  3. Psycometric tests. These tests are helpful to know if the candidate is suitable for the offered position.
  4. The required documentation for the foreign employee. If your future employee is a foreign citizen, you have to request the migratory document which allows him to legally stay in the country.
  5. Make phone calls to the former jobs of the future employee. You have to verify the information provided for the employee, be aware of the opinion from his former employers and be aware if he sued any labor lawsuit against one of them.
  6. Request a medical certificate. Be aware of the health condition of the future employee and hence know the possibilities of a future disease or work accident.
  7. Carry out a job interview asking the suggested questions. During the job interview you can realize his reactions and determinate if he can sue a lawsuit against you.

It is important to consider every one of aforementioned suggestions. You have to be well advised by a labor specialist who can guide and protect you during the length of the work relationship, decreasing the risks and damages for your company and assets.

Fidel Ivan Rios Perez del Valle. Founder Partner of IVH Abogados Firm, Legal Degree from Universidad Autónoma de Yucatán; Master in Corporative Law from Universidad Anahuac de Cancun; Certified Executive in Franchises from the Mexican Franchises Association.

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