2024 Compliance Guide for Employers in Mexico

Quick Hits

• The minimum wage for 2024 is MXN $374.89 for the Free Zone of the Northern Border and MXN $248.93 for the rest of the country.
• The unit of measure for 2024 is MXN $108.57 daily, MXN $3,300.53 monthly, and MXN $39,606.36 annually.
• Companies that registered on the Registry of Specialized Services Providers or Specialized Works in 2021 will have to renew their registration this year.

Obligations to Consider in 2024 for Compliance

Additions to the list of occupational diseases and permanent disabilities. On December 4, 2023, a bill was published in the Official Gazette of the Federation (Diario Oficial de la Federación (DOF)) increasing the list of occupational diseases and permanent disabilities.

The bill also obligates the secretary of Labor and Social Welfare to update the Tables of Occupational Diseases and the Catalog of Cards for the Valuation of Occupational Diseases. Currently, there are no obligations employers must comply with, but employers may want to review their compliance responsibilities with respect to health and safety at the workplace, especially NOM-35-STPS-2018 regarding workplace-related psychosocial risks, to prevent future liabilities.

Minimum wage. As of January 1, 2024, the minimum wage in Mexico is MXN $374.89 (approximately USD $21.83) for the Free Zone of the Northern Border (Zona Libre de la Frontera Norte, ZLFN) and MXN $248.93 (approximately USD $14.50) for the rest of the country.

Increases to Mexico’s Unit of Measure (UMA).On January 10, 2024, the National Institute of Statistics and Geography published in the DOF the daily, monthly, and annual updated values for the UMA. The UMA is the basis for calculating fines or other state and federal government duties. The new values will be effective on February 1, 2024, and will be as follows:

• Daily = MXN $108.57 (approximately USD $6.26)
• Monthly = MXN $3,300.53 (approximately USD $190.36)
• Annual = MXN $39,606.36 (approximately USD $2,284.37)

Risk premium update. Every February, employers must file with Mexico’s Social Security Institute (Instituto Mexicano del Seguro Social (IMSS)) an annual report recording all occupational diseases or work-related disability certificates issued to their employees . The report is used to calculate whether the risk premium should be updated (either by increasing or decreasing it).

Profit-sharing payments (PTU). No later than March 31, 2024, all companies must file their annual tax returns. Employees are entitled to receive a prorated portion of the 10 percent of the employer’s fiscal year taxable income and the deadline to pay the portion is May 31, 2024.

Noncompliance with the requirements for PTU payments and/or formalities could result in fines for employers.

REPSE registry update. Nearly three years have passed since the bill prohibiting outsourcing became enforceable. The bill, which was amended in February 2023, requires employers to register with the Registry of Specialized Services Providers or Specialized Works (“REPSE,” for its acronym in Spanish) every three years. All companies that obtained their registration on the REPSE in 2021 are obligated to renew it in 2024.

No specific procedure has been announced for implementing the renewal, as it will be the first time companies must comply with the renewal requirement.

Psychosocial risks evaluation (NOM-035). In October 2020, the second phase of NOM-035-STPS-2018, the workplace standard for the prevention of psychosocial risks, took effect. The second phase mandates the identification and analysis of psychosocial risk factors and the evaluation of the organizational environment at least every two years. Consequently, in 2024 employers that started compliance with NOM-035 in 2020 must conduct the second round of evaluations to identify and analyze psychosocial risk factors and the organizational environment.

Telework (NOM-037). As of December 5, 2023, NOM-037-STPS-2023, the Mexican official standard regarding obligations for employers and employees who render their services under the telework modality, became enforceable. Hence, the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social (STPS)) is likely to increase the number of inspections this year regarding telework 2024 to ensure compliance with the standard.

Employers that have employees who render their services for more than 40 percent of their time at home and/or outside the workplace, and by using information and communication technologies, must verify compliance in order to prevent future liabilities.

Ogletree Deakins’ Mexico City office will continue to monitor developments and will provide updates on the Cross-Border blog as additional information becomes available.

Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins.

Natalia Merino Moreno is an associate in the Mexico City office of Ogletree Deakins.

María José Bladinieres is a law clerk in the Mexico City office of Ogletree Deakins.

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