Intersted in authoring for Latin
American Briefings? Visit www.acc.
com/docket/ edguide.cfm, or contact
Associate Editor Julio Urdaneta at
1 Important Considerations When Employing
Foreign Nationals in Mexico
By Mónica Schiaffino
6 Warning for Venezuelan Employers: The
Deadline to Incorporate Outsourced Workers
into the Payroll as Employees is Approaching
By Daniela Arevalo
10 In-house Counsel in Guatemala: Hurdles and
By Antonio Quezada and
Jorge Luis Rodas García
a special supplement to ACC Docket
sponsored by Littler Mendelson, P.C.
Important Considerations When
Employing Foreign Nationals in
By Mónica Schiaffino ( email@example.com), Littler Mendelson, P.C.
Globalization and macroeconomics
have made immigration an expanding, ongoing phenomenon throughout Latin American countries.
Mexico has become a host for foreign
nationals who are assigned by their
employers to work on Mexican soil,
in part, due to the investment growth
in past years.
Despite the increasing need to hire
foreign nationals in Mexico, the Federal Labor Law (FLL), which regulates
employment in Mexico, has not kept
up with the times. The FLL continues
to require that at least 90 percent of
any employer’s workforce be Mexican nationals (with the exception of
general managers), thereby limiting
the hiring of foreign workers only to 10
percent per employer.
Companies contemplating transfer-
ing employees to work as expatriates in
Mexico should become familiar with
various aspects of Mexico’s legal system
which may impact the employer’s abil-
ity to employ non-Mexican nation-
als to work in Mexico or may create
liabilities for the employer.
Expatriates protected under
At a constitutional level, Mexican
nationals and foreigners are regarded
as equal under the law. As such, all
the statutory rights and benefits afforded to Mexican workers under the
FLL and Mexico’s Social Security Law
(SSL) are also extended to non-Mexican nationals. Likewise, the FLL and
SSL are quite protective of workers’
rights and apply to all employment
in Mexico, regardless of where the
employment agreement is executed,
any choice of law provision in the employment or secondment agreement,
the nationalities of the employer or
the employee, or the place where the
salary is paid.