Talento | Employers

Probationary Periods and the Complexities of Employment Termination in Mexico’s Tech Industry

by Carlos A. Vázquez    |    November 6, 2023    |      3 min read


Probationary Periods and the Complexities of Employment Termination in Mexico's Tech Industry

In the global tech race, Mexico is sprinting ahead—not just keeping pace. The country’s tech talent is a goldmine for companies seeking to bolster their ranks with innovative thinkers and doers. The probationary period, a common fixture in Mexico’s employment landscape, emerges as a strategic tool, but it demands a nuanced approach.

This guide, designed to support employers in the tech sector, delves into the nuances of probationary employment and the legal considerations surrounding employment termination.

Ready to hire top tech talent?

Probationary Periods in Mexico: A Legal Overview

Mexican labor law, specifically the Federal Labor Law (Article 39-A), provides for probationary periods as a means for employers to evaluate the suitability of employees for their roles. 

While a minimum of 30 days is established, the tech industry often opts for a 90-day probationary period, striking a balance between an employee’s adjustment period and the employer’s assessment needs.

The 180-Day Extension for Specialized Roles

Crucially, for roles that demand high-level expertise or managerial oversight—such as directors, managers, and specialized professionals—the probationary period can be extended to 180 days. This concession acknowledges the complexity and impact of such positions, granting employers additional time to gauge the fit and performance of the candidates.

Probationary Periods and Legal Protection

Employers must exercise caution; probationary periods are not fail-safe mechanisms for termination. The presumption is that the probationary period serves as a mutual evaluation. 

In instances of termination within the first 30 days, employers are advised to meticulously document performance issues to substantiate the decision.

Indefinite Employment: The One-Month Rule

It is pivotal for employers to recognize that any employee who surpasses one month of service is deemed an indefinite employee under Mexican law. This status confers a suite of benefits and severance entitlements, irrespective of a formalized contract. 

Thus, the passage of the probationary period without termination effectively transitions the employee to indefinite status with all associated legal protections.

Navigating Termination During Probation

Termination during the probationary period remains a prerogative for employers, contingent on demonstrated underperformance or skill deficits. This period is designed to afford employers the opportunity to ensure alignment between the employee’s abilities and the job’s requirements.

The Probationary Period as a Growth Catalyst

For tech companies eyeing Mexico’s talent pool, the probationary period is a tactical phase—ripe with opportunity for growth, innovation, and partnership. It’s a calculated approach to not just fill positions but to invest in people who can propel a company into the future. 

With CodersLink as the ally, companies can turn the probationary period into a competitive advantage, ensuring that each hire is not just a fit for today, but a pillar for tomorrow’s tech challenges.

Tech Salaries Report 2024

Tech Salaries Report 2024: The top IT salary guide for Mexico and Latin America

The battle for tech talent is in full swing. This comprehensive report serves as a multi-dimensional look into the unique and growing tech hiring market in Mexico and Latin America. The Mexico Tech Salaries Report 2023 serves as a useful salary guide and benchmarking tool for companies looking to stay competitive and snatch up the region’s best developers, engineers, and tech talent.