What are the standard probation periods in Mexico?

In Mexico, probation periods are an important aspect of employment, allowing employers to assess whether a new employee meets the job's requirements and expectations. These periods are governed by the Federal Labor Law, which sets clear rules on their duration, purpose, and limitations.


Eligibility for Probation Periods

  • Applicability:
    Probation periods are allowed for both unlimited and fixed-term employment contracts, but only if the contract is signed for at least 180 days.


Duration of Probation Periods

  • Standard Duration:
    The maximum probation period for most employees in Mexico is 30 days. This period is designed to provide sufficient time for the employer to evaluate the employee's performance and suitability for the role.

  • Extended Duration for Certain Roles:
    For employees in management or administrative positions, or those performing specialized technical or professional work, the probation period can be extended up to 180 days. These positions are considered more critical as they represent the employer in dealings with other workers and require a higher level of responsibility and expertise.


Purpose of the Probation Period

The primary purpose of the probation period is to verify that the employee possesses the necessary skills, knowledge, and qualifications to perform their job effectively. During this time, employers assess the employee's performance to determine if they are a good fit for the position.

  • Termination During Probation:
    If an employee's performance during the probation period is found to be unsatisfactory, the employer may terminate the employment. However, termination during the probation period must be based solely on poor performance.


Renewal or Extension of Probation Periods

  • Prohibition on Renewal/Extension:
    Mexican labor law does not permit the renewal or extension of probation periods. According to Article 39-A of the Federal Labor Law, once the initial probation period is completed, the employee must either be confirmed in their position or, if their performance is inadequate, their employment must be terminated.

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