Professional Employer Organization in Mexico – PEO Payroll Company

Mexico is the second-largest economy in Latin America and is projected to be in the top 10 global economies by 2050. The opportunities for investment are endless, with an ever-growing selection of emerging industries offering good prospects for doing business. Depending on the nature of your business, you might find that hiring staff via a professional employer organization in Mexico is your best option.

Note that a law introduced in 2021 placed limits on some types of outsourcing in Mexico.

Number of software developers involved in offshore development in Latin America in 2021, by country
Professional Employer Organization in Mexico – Number of software developers involved in offshore development in Latin America in 2021, by country

A professional employer organization (PEO) will hire overseas staff on behalf of a client, allowing that client to avoid establishing a local entity.  This allows the client to secure an international workforce in less time; all they must do is  find the right workers. The PEO firm will oversee all aspects of onboarding and manage the employees’ salaries, and as such it is often referred to as a PEO payroll company.

Mexico is one of the most popular destinations in Latin America for foreign investment, particularly among US investors. One reason for this is the convenience of Mexico’s geographic proximity, and another is the scale of its economy.

With a gross domestic product (GDP) exceeding $1 trillion (all figures in USD), Mexico has the second-largest economy in Latin America, second  only to Brazil. n 2019, it attracted more than $29 billion in foreign direct investment (FDI) inflows. 

Mexico is known as a major trade hub. It has more than $1.7 billion in goods crossing its border with the United States each day. Its major ports serve both the Pacific and Atlantic oceans, giving easy access to US ports on its west and east coasts, as well as to Asia-Pacific and Europe.

Mexico is well-known for its large agricultural sector and industrial output, with a heavy concentration of manufacturing facilities along the border with the United States. But the country is also home to a growing services industry, and an increasingly influential tech and innovation sector.

As such, whatever type of business you are doing, Mexico has the human capital available. However, partnering up with a local provider with a good understanding of the market and all aspects of employment law in Mexico will help you secure the best talent while remaining in full compliance with the law. For that reason, hiring via a professional employer organization (PEO) in Mexico might be your best option.

What Does a PEO in Mexico Provide?

When you hire through a PEO in Mexico, you hand over responsibility for the management of the salaries and benefits of those workers, with the PEO firm also able to assist with their recruitment and drawing up and processing all legal documentation, such as contracts.

That is an attractive arrangement for anyone who only needs a small number of local representatives, handling sales or overseeing operations. It can also be a good arrangement when hiring a team for a short-term project — such as software developers delivering an individual project.

Hiring through a professional employer organization in Mexico is also a good way of getting to know the market before making a deeper commitment through full company incorporation.

As well as the advantages in terms of time-saving and guaranteed compliance that come with hiring through a PEO firm in Mexico, another major bonus is the fact that the provider will have a well-established recruitment network and a good understanding of the local job market in terms of the best educational institutions and former employers to look for on candidate profiles.

The responsibilities that a PEO payroll company in Mexico will fulfill include:

  • Drafting and executing employment contracts for hired employees.
  • Managing the entirety of the  hiring process, including initial interviews of candidates, onboarding, and all related documentation.
  • Calculating and paying salaries.
  • Guaranteeing all statutory benefits and leave.

Real Life Example: A French company has three clients located in Mexico, and have been outsourcing this work to a Mexican service provider. Now, they are interested in expanding their operations by setting up a local legal entity. The company is looking to hire a local lawyer to work directly with the company’s clients, rather than outsource their work. Instead of establishing the local company straight away, they decide to work with a PEO service provider for six months while their client base is relatively small. The Mexican PEO service provider incorporates this Mexican lawyer onto their payroll, providing a ‘risk-free’ solution for the French company in regards to employment obligations. The employee is legally and officially registered by the PEO service provider whilst receiving instructions from the French company and reporting to them. Once the company has a better understanding of the local market, and has expanded their client base, they will set-up a local company and employ the lawyer with this newly formed company.

Key Advantages of Working With an Employer of Record (EOR) / PEO in Mexico

Hiring local staff through an employer of record in Mexico will avoid the pressure of going through a company incorporation process when developing commercial activities for a short period of time and will assist you with time-consuming HR tasks. This includes recruiting, hiring, firing, managing employee payroll, and paying all taxes and social benefits to local employees, ensuring your business is fully compliant with local regulations at all times.

Moreover, with a broad knowledge of labor and tax regulations, an employer of record in Mexico will hire the most suitable and qualified personnel for your company and ensure all employee contracts comply with current legislation. Some of the main benefits of working with an employer of record in Mexico include:

Employee management: An employer of record will be capable of recruiting the most suitable and adequate employees for your organization based on your needs and resources.

Legal advice and representation: Any claim related to your company’s employees will be directed to the employer of record, who is capable of representing your business and resolving many legal issues that you may encounter in relation to employees.

Time-saving: Working with an employer of record in Mexico saves you from having to deal with bureaucratic processes, and reduces administrative obligations.

Migration advice: An employer of record will guide you through the local migration system, and will oversee the process of acquiring business visas or residency permits for foreign employees, if needed.

Regulations Handled by a Professional Employer Organization (PEO) / EOR in Mexico

As part of PEO payroll company services, your professional employer organization in Mexico will oversee the following regulations and employee benefits:

Working hours: Under Mexican law, the working week is a maximum of 48 hours long, with at least one full day of rest.

Minimum wage: Mexico has two minimum wages, based on geography, with a higher minimum wage in the northern region.

Bonuses: Mexican employees are entitled to a ‘13th-month bonus’ known as Aguinaldo’; this must be paid by December 20th

Profit sharing: Companies in Mexico are obliged to share 10% of their net annual profits with their employees.

Vacation: Employees are entitled to six days of paid vacation after one year of service, with that allowance increasing by two days per year up until the fifth year.

Sick Leave: An employee receives 60% of their salary if they are unable to attend work for more than 3 days due to illness.Parenthood leave: Paid maternity leave in Mexico totals 12 weeks, starting six weeks before the due date. Paternity leave totals five days.

The graphic above highlights when it is best to use a professional employer organization in Mexico, or in any country. PEO Mexico
The graphic above highlights when it is best to use a professional employer organization in Mexico, or in any country. PEO Mexico

How to Use a Payroll Calculator

If you want to get an idea of the possible costs involved in payroll outsourcing in Mexico, using a payroll calculator is one way to get a good estimate.

Use Biz Latin Hub Payroll Calculator for PEO in Mexico.
Use Biz Latin Hub Payroll Calculator for PEO in Mexico.

Although a payroll calculator won’t be completely accurate, it will give you the opportunity to evaluate options while varying the salary, the number of employees, the country you want to enter, and the currency you wish to work in. As such, you will be able to understand your likely costs across a range of salaries, while also being able to compare other countries as potential alternative destinations. 

You can find the BLH payroll calculator at the bottom of our Hiring & PEO Services page. The calculator will allow you to make good estimations of the costs involved in hiring in Latin America and the Caribbean based on country, currency, and salary, with the calculator factoring in local statutory deductions.

To use the BLH payroll calculator, you will need to undertake the following steps:

Step 1: Select the country

Choose the country where you are doing business, or planning to launch. This feature will be useful when it comes to comparing potential alternative markets.

Step 2: Select the currency you wish to deal in

You can choose between US dollars (USD), British Sterling (GBP) and Euros, as well as the local currency for the country you are looking at, compared to what is most convenient for you. Note that for Ecuador, El Salvador, and Panama, the local currency is also USD, as they have dollarized economies.

Step 3: Indicate an employees monthly income

Here you can indicate the expected salary you will be paying an employee, in the currency of your choice.

Step 4: Calculate your estimated costs

Based on all of the information you have provided, you will receive results indicating your estimated costs, including a breakdown for estimated statutory benefits you will be liable for.

Step 5: Compare your costs to other options

With a good estimate at hand of how much your staff in Mexico would be, if you are flexible about your expansion into Latin America and the Caribbean, you can use the BLH payroll calculator to compare those costs to other jurisdictions.

Common FAQs on Hiring Through an Employer of Record (EOR) in Mexico

1. How does one hire employees in Mexico?

You have the option to employ someone in Mexico either by establishing your own legal entity within the country and utilizing it for hiring purposes, or by engaging an employer of record (EOR). An EOR, a third-party entity, enables you to recruit employees in Mexico by serving as the legal employer.

2. What is in a standard employment contract in Mexico?

A standard Mexican employment contract should be written in Spanish (and can also be in English) and should include the following details:

  • ID and address of the employer and employee.
  • City and date.
  • The location where the service will be provided.
  • Type of tasks to be carried out.
  • Remuneration and bonifications/commissions (if applicable).
  • Method payment frequency.
  • Duration of the contract.
  • Probation period.
  • Work hours.
  • Additional benefits (if applicable).

3. What are the mandatory employment benefits in Mexico?

The mandatory employment benefits in Mexico are the following:

  • Aguinaldo.
  • Vacation.
  • Vacation premium.
  • Social security.
  • Profit sharing.
  • Maternity/paternity leave.
  • Sunday premium.
  • Paid time-off for national holidays.

For more information on mandatory employment benefits read our recent article on employment laws in Mexico

4. What is the total cost for an employer to hire an employee in Mexico?

The total cost for an employer to hire an employee in Mexico can vary depending on the salary. However, as an indication, the cost to the employer for mandatory employment benefits is 40% to 50% on top of the employee’s gross salary, although this can vary depending on specific conditions and agreements.

Please use our Payroll Calculator to calculate employment costs.

5. How does the process of forming a legal entity differ from hiring through an EOR?

Forming a legal entity is different to hiring an EOR in the following ways:

  • It is more time-consuming.
  • Creates a permanent presence in the country.
  • Expenses are deductible through a local entity.
  • Enables the ability to execute contracts and agreements locally.
  • Facilitates invoicing through a local entity.
  • Requires compliance support.
  • Empowers direct hiring of employees.

6. What sets apart a PEO from an EOR?

While a PEO functions as co-employer, an EOR assumes the role of the formal employer for your staff. Typically, an EOR provides a wider array of services compared to a PEO.

Biz Latin Hub Can Ce Your PEO / Employer of Record Firm in Mexico

At Biz Latin Hub, we provide market entry and back-office services throughout Latin America and the Caribbean, with offices in 17 key cities around the region, meaning we are ideally placed to support multi-jurisdiction market entries.

Our portfolio includes accounting & taxation, company formation, due diligence, hiring & PEO, and corporate legal services.

Contact us today to find out more about how we can assist you.

If you found this article on finding a professional employer organization in Mexico of interest, you may want to check out the rest of our coverage of this North American country Or read about our team and expert authors.

Biz Latin Hub’s Snapshot of Employment Law in Mexico


WORKING HOURS
In Mexico regular working hours are eight (8) hours per day and for every six (6) days of work the worker will enjoy a rest day. The working week cannot surpass 48 hours per week, and in case it does those hours have to be paid extra.

TYPES OF EMPLOYMENT CONTRACT
There a three main types of employment contracts in Mexico: 

Indefinite period or seasonal contracts: 
Indefinite period contracts have no specific end date and are ended when both parties mutually agree or one party is in a position to act unilaterally. 

Seasonal contracts:
Seasonal contracts are provided when services are for fixed work of a limited nature that occurs during a defined period of time during.  

Definite period or set task contracts:
This type of contract can only be used either when the nature of the task requires it, or when replacing another worker on a temporary basis, such as maternity or extended sickness absence.

Probationary or training contract: 
A training contract is provided to a worker while they acquire the skills or knowledge necessary to undertake a job they have been hired for. It generally has a maximum duration of three (3) months, however that can be up to six (6) months for certain roles.

TERMINATION AND SEVERANCE



VACATIONS, LEAVE, AND OTHER ABSENCES

Statutory vacation allowance /  Paid Time Off leave (PTO)
Workers who have completed one year of service are entitled to six (6) PTO days, which shall be increased by two (2) days for each subsequent year of services. After the fourth year, the vacation period shall increase by two days for every subsequent five (5) years of service.

Maternity and paternity leave: 
Maternity leave totals 12 weeks of paid leave, made up of six (6) weeks prior to the due date and six weeks after the birth. In the case of adoption, a new mother will receive six (6) weeks of paid leave from the day of the adoption. In the case of paternity leave, new fathers will be granted five (5) days of paid leave, including in the case of adoption.
Sick benefits: 
In case of non-occupational illness, the insured worker is entitled to all medical, surgical, pharmaceutical, and hospital care that is necessary from the onset of the illness and for a period of fifty-two weeks for the same condition. The insured worker is also entitled to a cash benefit which will be granted when the illness prevents them from undertaking their work. The subsidy will be paid after the fourth day of the commencement of the leave, for the duration of it, for up to fifty-two weeks. 

Bereavement:
There is no statutory provision for bereavement leave in Mexico and it must be agreed with the employer, if it is not already laid out in the terms of the contract or stated in company literature.

STATUTORY CONTRIBUTIONS
Employee Deductions:
For social security, employees in Mexico have 1.025% of their salary deducted, while for pension it is 1.75%. Income tax withholding depends on salary level, with a top rate of 30%.
 
Employer Contributions:
Employers must make a social security contribution equivalent to 26% of an employee’s salary, while a contribution of 5.150% must be made for pension provision. An additional contribution of 5% of the salary must be made to the National Housing Fund.

Profit Sharing:
Workers in Mexico are entitled to a share of 10% of their company’s net profits, which is calculated via a two-part calculation. The first 5% are distributed evenly among employees, based on the number of days each employee has worked during the year, while the second 5% is distributed in proportion to the salary earned by each worker during that same period.
Snapshot of employment law in Mexico. Professional Employer Organization in Mexico

The information provided here within should not be construed as formal guidance or advice. Please consult a professional for your specific situation. Information provided is for informative purposes only and may not capture all pertinent laws, standards, and best practices. The regulatory landscape is continually evolving; information mentioned may be outdated and/or could undergo changes. The interpretations presented are not official. Some sections are based on the interpretations or views of relevant authorities, but we cannot ensure that these perspectives will be supported in all professional settings.
Legal Team Mexico

Legal Team Mexico

Legal Team Mexico is the Biz Latin Hub leading experts on doing business in Mexico The Team writes on the news, doing business, law, and changing regulations. The team are experts in corporate law, Administrative law, Employment law, Immigration law and legal advisory services. Read more about them here. You can contact Legal Team Mexico via our "contact us page".

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