Use this unpaid wages guide to build a clear demand letter for Merida.
Recovering Unpaid Wages in Mérida, Mexico
Workers in Mérida facing unpaid wages, withheld bonuses, or denied entitlements have strong legal protections under Mexican labor law. Whether you work in tourism, hospitality, manufacturing, commerce, healthcare, or any sector across the Mérida metropolitan area, Mexican law provides clear mechanisms for recovering owed compensation.
Mexico's Federal Labor Law (Ley Federal del Trabajo) establishes comprehensive worker protections. The law covers wages, overtime, benefits, vacation pay, Christmas bonuses (aguinaldo), profit sharing (PTU), and termination payments. These rights cannot be waived.
Common wage issues in Mérida include late payments, non-payment of overtime in hospitality, withheld aguinaldo, tip disputes in tourism sector, and termination issues. Mérida's economy blends tourism, commerce, and manufacturing with specific employment scenarios.
The Centro Federal de Conciliación y Registro Laboral and labor courts provide dispute resolution. This guide explains your rights and the recovery process.
Mexican Laws Protecting Worker Wages in Mérida
Mexican labor law provides comprehensive wage protections through the Ley Federal del Trabajo (LFT).
Article 123 of the Constitution establishes fundamental labor rights: minimum wage, maximum hours, overtime compensation, wage protection.
The LFT governs all employment relationships. Key provisions: wages paid weekly for manual workers and biweekly for others, payment in legal currency, wages cannot be reduced unilaterally, only authorized deductions permitted.
Minimum wage is set by CONASAMI. Mérida is in the general zone. Check current rates at gob.mx/conasami.
Overtime under Article 67: first 9 hours weekly at 200%, additional at 300%.
Aguinaldo under Article 87: at least 15 days' wages by December 20.
Vacation and premium under Articles 76-81: minimum 12 days vacation first year, 25% vacation premium.
Profit sharing (PTU) under Articles 117-131: workers share employer profits.
Tips (propinas): Under Article 346, tips belong to workers in hospitality and tourism. Employers cannot retain tips. Distribution among staff is permitted.
Severance for unjustified termination: 3 months' salary plus 20 days per year worked.
The 2019 labor reform established mandatory conciliation before court proceedings.
PROFEDET provides free legal assistance to workers.
Step-by-Step Guide to Recovering Unpaid Wages in Mérida
Recovering wages involves using Mexico's labor justice system.
Gather evidence: employment contract, payroll receipts (recibos de nómina), bank statements, time records, tip records if applicable.
Confirm: minimum wage compliance, overtime at proper rates, aguinaldo, vacation premium, tip rights, PTU.
Calculate: unpaid wages, overtime at 200%/300%, aguinaldo, vacation premium, withheld tips, PTU, severance if applicable.
Send written request: amounts owed, legal basis, deadline (7-14 days), intention to file complaint.
Procuraduría Federal de la Defensa del Trabajo provides free legal assistance. They can calculate entitlements and represent you.
File with Centro Federal de Conciliación y Registro Laboral. Describe employment, wages owed, legal basis. Conciliation is mandatory.
Conciliation attempts settlement. Present documentation. Consider reasonable offers.
If conciliation fails, case proceeds to Tribunal Laboral del Estado de Yucatán.
If employer doesn't comply with judgment, enforcement includes asset seizure, garnishment.
Essential Evidence for Mérida Wage Claims
Strong documentation is crucial for wage recovery.
Employment Documentation
Proof of employment: contract, employee ID, IMSS registration, uniform, badge.
Pay Records
Payment documentation: recibos de nómina, bank statements, CFDI (digital tax receipts), records of missed payments.
Tip Evidence
For tip claims: records of tips received, tip pool policies, evidence of employer retention, witness statements.
Working Hours Records
For overtime: time attendance records, schedules, evidence of work outside hours, shift records.
Wage Calculations
Detailed calculations: regular wages, overtime with legal rates, aguinaldo, vacation premium, tips owed, PTU, severance.
Communication Records
Correspondence: payment requests, employer responses, written complaints.
Termination Documentation
If terminated: termination letter, reasons, final settlement offered, finiquito.
Witness Information
Coworkers confirming working conditions, hours worked, tip practices.
Organize chronologically. Keep originals safe.
Critical Deadlines for Mérida Wage Claims
Mexican law establishes specific timeframes.
Prescription Period (1 Year)
Most wage claims prescribe in 1 year from when amounts became due.
Severance Claims (2 Months)
Claims for unjustified termination: 2 months from termination date. This deadline is strict.
Aguinaldo Deadline
Must be paid by December 20. Claims run from this date.
PTU Deadline
Profit sharing: 60 days after employer files tax return.
Conciliation Process
After filing: hearing within days to weeks, resolution typically in 1-3 sessions.
Court Process
If conciliation fails: proceedings over months to a year.
Evidence Preservation
Document immediately. Keep payroll receipts, tip records.
Don't delay filing. The 1-year prescription and 2-month severance deadlines are strictly enforced.
Common Mistakes in Mérida Wage Claims
Many workers weaken claims through errors.
Missing 2-Month Termination Deadline
Severance claims have strict 2-month limit. Don't delay.
Letting Claims Prescribe
Most wage claims prescribe in 1 year. Act promptly.
Not Keeping Payroll Receipts
Recibos de nómina are crucial evidence. Keep all payment records.
Not Documenting Tip Issues
Keep records of tips received and any employer deductions.
Accepting Finiquito Without Review
Don't sign finiquito (settlement) without understanding all amounts. Have PROFEDET review.
Miscalculating Entitlements
Use official formulas. PROFEDET calculates for free.
Not Using PROFEDET
Free legal assistance available. They handle calculations and representation.
Assuming Tourism Seasonal Work Has No Rights
Seasonal and tourism workers have full LFT protections.
Giving Up Easily
Persist through formal channels. Many employers pay when facing formal proceedings.
Frequently Asked Questions About Mérida Wage Claims
Mérida is in the general minimum wage zone. Check CONASAMI for current rates at gob.mx/conasami.
Yes. Under Article 346 LFT, tips belong to workers in hospitality. Employers cannot retain tips. Distribution among staff is permitted.
Most claims: 1 year from when wages were due. Severance: 2 months from termination. Don't delay.
Mandatory Christmas bonus: at least 15 days' wages by December 20. Proportional if worked less than full year.
Yes. All workers have LFT protections regardless of seasonal or temporary status.
3 months' integrated salary plus 20 days per year worked. File within 2 months.
No. Proceedings are accessible. PROFEDET provides free representation.
Procuraduría Federal de la Defensa del Trabajo: free legal assistance for workers including advice, calculations, representation.
What to Expect in Mérida Wage Claims
Understanding outcomes helps approach effectively.
Most resolve through: negotiation, conciliation, or court judgment.
Often produces: agreed payment, payment schedules, settlements.
Can order: payment of wages, tips owed, constitutional indemnification, 20 days per year, back pay, interest.
Direct negotiation: weeks. Conciliation: 1-2 months. Court: 6-18 months.
Hotels and tourism employers often resolve to avoid reputation damage.
Strengthens with: documentation, tip records, timely filing, PROFEDET representation.
Judgments enforceable through asset seizure, bank garnishment.
Mérida Wage Recovery Resources
Mérida offers resources for workers.
PROFEDET Yucatán
Free legal assistance for workers. Website: profedet.gob.mx.
Centro Federal de Conciliación y Registro Laboral
Mandatory pre-judicial conciliation for labor disputes.
Tribunal Laboral del Estado de Yucatán
Labor courts after conciliation fails.
STPS (Secretaría del Trabajo y Previsión Social)
Federal labor ministry. Website: gob.mx/stps.
CONASAMI
Minimum wage rates. Website: gob.mx/conasami.
IMSS
Social security verification and complaints.
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
Yucatán Unpaid Wages Laws
Applicable Laws
- Ley Federal del Trabajo
Small Claims Limit
MXN $500,000
Consumer Protection Agency
PROFEDET
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.