Use this unpaid wages guide to build a clear demand letter for Mexico City.
Recovering Unpaid Wages in Mexico City
Workers in Mexico City facing unpaid wages, withheld commissions, or denied benefits have strong legal protections under Mexican labor law. Whether you work in Reforma's corporate towers, Polanco's retail establishments, Santa Fe's business parks, or anywhere in the capital, federal labor law provides clear rights to recover owed compensation.
Mexico's Federal Labor Law (Ley Federal del Trabajo) establishes comprehensive worker protections applicable throughout the country, including Mexico City. The law strictly regulates wage payment, prohibits unauthorized deductions, and provides efficient administrative processes for recovering unpaid compensation without requiring costly litigation.
Common wage issues in Mexico City include late salary payments, withheld commissions or bonuses (aguinaldo), unpaid overtime (horas extras), denied vacation pay (prima vacacional), improper termination pay (liquidación or finiquito), and misclassification to avoid benefits. The capital's diverse economy—from multinational corporations to small businesses—sees various wage violations.
Mexico's labor dispute system favors workers, with free government services and presumptions favoring employees in disputes. The Procuraduría Federal de la Defensa del Trabajo (PROFEDET) provides free legal representation, while labor courts (now under the judicial system following 2019 reforms) can order wage recovery with penalties. This guide explains your rights and the process for recovering unpaid wages.
Mexican Laws Protecting Wages for Mexico City Workers
Mexican labor law provides robust wage protections enforced through specialized labor institutions. Understanding this framework helps workers assert their rights effectively.
The Ley Federal del Trabajo (Federal Labor Law) governs employment relationships throughout Mexico. Article 82 defines wages as all compensation for services rendered. Article 101 requires regular, complete wage payment at intervals not exceeding one week for manual workers or fifteen days for other employees.
Article 98 protects wages as 'irrenunciable'—workers cannot waive wage rights, and agreements to accept less than legally required compensation are void. This protects against employer pressure to accept reduced wages.
Wage payment rules under the LFT include: payment must be in legal tender (cash or bank transfer), payment must occur at the workplace during work hours, payment cannot be delayed beyond specified intervals, and wages must be paid in full without unauthorized deductions.
Article 110 strictly limits permitted deductions to: taxes required by law, union dues if applicable, employee-authorized savings plans, court-ordered garnishments, housing program contributions (INFONAVIT), and social security contributions (IMSS). Other deductions require explicit worker consent and cannot exceed specified limits.
Aguinaldo (Christmas bonus) is mandatory under Article 87. Workers are entitled to at least 15 days' salary as aguinaldo, paid before December 20. Workers employed less than a full year receive proportional payment.
Overtime pay under Article 66-68 requires: double pay for first 9 hours weekly overtime, triple pay for overtime beyond 9 hours weekly, and limitations on total permissible overtime.
Vacation and prima vacacional under Articles 76-81 require paid vacation based on seniority (6 days minimum after one year) plus a 25% vacation premium on vacation pay.
Termination pay (liquidación) when employers terminate without cause includes: three months' salary as indemnification (indemnización constitucional), 20 days' salary per year worked (prima de antigüedad equivalent), proportional aguinaldo and vacation, plus any accrued salary.
The 2019 labor justice reform transferred labor disputes from Juntas de Conciliación y Arbitraje to the judicial branch. The Centro Federal de Conciliación y Registro Laboral and new labor courts now handle disputes, with mandatory conciliation before litigation.
PROFEDET (Procuraduría Federal de la Defensa del Trabajo) provides free legal services including: consultation and guidance, demand letter drafting, representation in conciliation, and litigation representation for workers.
Step-by-Step Guide to Recovering Unpaid Wages in Mexico City
Recovering unpaid wages in Mexico City involves administrative and potentially judicial procedures, with free government assistance available.
Gather all evidence of your employment relationship and owed compensation: employment contract (contrato de trabajo), pay stubs (recibos de nómina) showing regular and missing payments, bank statements showing salary deposits, work schedules showing overtime worked, any written communications about wages, and calculation of amounts owed.
Carefully calculate everything your employer owes: unpaid regular wages, overtime compensation (double or triple time), withheld commissions or bonuses, accrued vacation pay and prima vacacional, proportional aguinaldo, and any termination pay if applicable.
Send formal written demand to your employer requesting payment. Document delivery (certified mail or signed receipt). Specify: amounts owed with calculations, legal basis for each claim, deadline for payment (10-15 days), and intention to pursue formal action if unpaid.
If the employer doesn't respond or refuses payment, contact PROFEDET (Procuraduría Federal de la Defensa del Trabajo). PROFEDET provides free services including: consultation on your rights, evaluation of your claim, assistance drafting formal demands, and free legal representation.
The 2019 labor reform requires mandatory conciliation before litigation. File with the Centro Federal de Conciliación y Registro Laboral. A conciliator will schedule a hearing where both parties attempt resolution. Many cases resolve at this stage. If conciliation fails, you receive certification to proceed to court.
If conciliation doesn't resolve the dispute, file suit in the Labor Court (Tribunal Laboral). PROFEDET can represent you without charge. Your claim should include: employment relationship evidence, amounts owed with calculations, legal basis for claims, and any supporting documentation.
The labor court process includes: initial hearing to establish claims and defenses, evidentiary hearing to present documentation and testimony, and final resolution with binding judgment. Labor courts have expertise in employment matters and processes designed for efficient resolution.
If the court orders payment, most employers comply. For non-compliance, enforcement mechanisms include: asset seizure (embargo), bank account attachment, and criminal penalties for willful non-payment.
Essential Evidence for Mexico City Wage Claims
Strong documentation is crucial for wage claims. Mexican labor law places the burden of proving employment terms on employers, but worker evidence strengthens claims significantly.
Employment Relationship Evidence
Document that an employment relationship existed: employment contract (if you have one), offer letters or hiring correspondence, employee ID or credentials, uniform or equipment provided, photos at workplace, attendance records, and communications with supervisors. Note: Lack of formal contract doesn't prevent claims—verbal employment creates rights.
Wage Payment Records
Maintain payment documentation: pay stubs (recibos de nómina) showing regular payments, bank statements showing salary deposits, payment records showing missed payments, and any cash payment receipts.
Work Hours Documentation
For overtime claims especially: time clock records if accessible, work schedules assigned, emails or messages showing work outside normal hours, project deadlines requiring overtime, and witness statements from coworkers.
Unpaid Amount Calculations
Prepare detailed calculations: regular wages owed with pay periods, overtime hours with applicable multiplier, commissions or bonuses promised, vacation time accrued but unpaid, and proportional aguinaldo owed.
Communications Evidence
Preserve all relevant communications: emails regarding pay or hours, text messages with supervisors, written requests for payment, employer responses or excuses, and any acknowledgment of amounts owed.
Termination Documentation
If terminated: termination letter (if provided), employer's stated reason for termination, your response to termination, witness to termination circumstances, and any severance documents signed.
Witness Information
Identify potential witnesses: coworkers who can confirm employment, supervisors who assigned work, HR personnel who processed payroll, and anyone who witnessed unpaid work.
Organize evidence chronologically. Make copies—keep originals secure. PROFEDET can help evaluate what documentation you need.
Critical Deadlines for Mexico City Wage Claims
Mexican labor law establishes specific timeframes for wage claims. Missing deadlines can forfeit rights.
Statute of Limitations (Prescripción)
Wage claims have time limits under Article 516-519 of the LFT: unpaid wages—one year from when payment was due, overtime claims—one year from when overtime was worked, termination claims—one year from termination date, and general labor claims—one year from the event.
Aguinaldo Claims
Aguinaldo must be paid by December 20. Claims for unpaid aguinaldo have one-year limitation from the payment deadline.
Wage Payment Frequency
Wages must be paid: weekly for manual workers (trabajadores manuales), every fifteen days for other workers, and never later than these intervals.
Conciliation Timeline
Mandatory conciliation process: file with Centro de Conciliación, hearing typically scheduled within 30 days, 45-day maximum for conciliation process, and certification to proceed if unresolved.
Court Process Timing
Labor court proceedings: initial hearing within 45 days of filing, evidentiary phase varies by complexity, judgments typically within 6-12 months, and appeals add 3-6 months.
Action Preservation
To preserve your rights: act promptly when wages aren't paid, don't wait until limitation period nearly expires, document contemporaneously, and consult PROFEDET early for guidance.
Calculating Deadlines
Limitation periods run from: the date wages were due (for ongoing wages), the date overtime was worked, the date of termination, and the date of the alleged violation.
Common Mistakes to Avoid When Pursuing Mexico City Wage Claims
Many Mexico City workers weaken their wage claims through procedural errors. Understanding these helps avoid pitfalls.
Signing Releases Without Understanding
Employers may pressure workers to sign documents (cartas renuncia, finiquitos) that waive claims. Never sign documents releasing wage rights without reviewing with PROFEDET. Once signed, challenging releases becomes difficult.
Missing Limitation Deadlines
The one-year limitation period for wage claims is strict. Many workers wait too long, assuming employers will eventually pay. Act within one year of when each payment was due.
Not Documenting Overtime
Overtime claims fail without evidence of hours worked. Keep personal records of overtime—employer records may be incomplete or altered. Document contemporaneously rather than reconstructing later.
Accepting Informal Payments
Some employers offer partial informal payments to avoid formal claims. Without documentation, these payments are difficult to prove and may be less than owed. Get everything documented and calculated properly.
Not Using PROFEDET
Many workers don't know about PROFEDET's free legal services or try to handle claims alone. PROFEDET attorneys understand the system and can significantly improve outcomes. Use this free resource.
Not Understanding Employment Classification
Some employers misclassify workers as independent contractors (honorarios) to avoid labor obligations. If you have a boss, fixed schedule, and work at employer premises, you're likely an employee entitled to full labor rights regardless of contract label.
Providing Incomplete Information
Labor claims require accurate, complete information. Guessing at dates or amounts weakens credibility. Gather documentation and calculate precisely before filing.
Not Claiming All Owed Amounts
Workers sometimes claim only the most obvious amounts, missing overtime, vacation pay, aguinaldo proportions, or proper termination amounts. Calculate everything owed—PROFEDET can help identify all claims.
Quitting Without Proper Documentation
If you resign due to wage violations, document the circumstances. 'Rescisión' (constructive termination due to employer violations) may entitle you to termination pay, but requires proper documentation of employer breaches.
Frequently Asked Questions About Mexico City Wage Claims
Yes. Mexican labor law recognizes verbal employment relationships. The employer bears the burden of proving employment terms. Your evidence of actual work—pay stubs, bank deposits, badge access, emails—establishes the relationship. Lack of formal contract doesn't prevent wage claims and may actually indicate employer violations.
Generally one year from when wages were due. For unpaid regular wages, one year from each pay date. For overtime, one year from when overtime was worked. For termination pay, one year from termination. Don't wait—consult PROFEDET promptly when wages aren't paid.
PROFEDET (Procuraduría Federal de la Defensa del Trabajo) is the federal agency providing free legal services to workers. They offer consultation, help calculate claims, draft demand letters, represent workers in conciliation, and provide free attorneys for labor court litigation. Services are completely free.
If you have a boss, fixed schedule, work at employer premises, and don't control your work methods, you're likely an employee regardless of contract label. Mexican courts look at the actual relationship, not just paperwork. Misclassified workers can claim full employment rights including unpaid wages, overtime, benefits, and termination pay.
Firing workers for exercising legal rights is prohibited retaliation under Mexican law. If terminated after demanding wages, you may have claims for both the unpaid wages and wrongful termination. The termination claim includes three months' salary plus 20 days per year worked, significantly increasing your recovery.
Since 2019 labor reform, workers must attempt conciliation at the Centro Federal de Conciliación before filing lawsuit. You file your claim, a hearing is scheduled (within 30 days), and a conciliator helps negotiate resolution. Many cases resolve here. If not, you receive certification to proceed to labor court.
First 9 hours of weekly overtime receive double pay (100% extra). Overtime beyond 9 hours weekly receives triple pay (200% extra). Maximum permissible overtime is 9 hours weekly, and employers should not regularly require more. Overtime records are employer's burden to prove.
Aguinaldo is the mandatory Christmas bonus—at least 15 days' salary paid before December 20. Workers employed less than a full year receive proportional payment. Aguinaldo cannot be waived and failure to pay is a recoverable wage violation with one-year limitation from the December 20 deadline.
What to Expect When Pursuing Mexico City Wage Claims
Understanding realistic outcomes helps Mexico City workers approach wage claims effectively.
Most wage claims resolve through: direct demand to employer (fastest if employer complies), PROFEDET-assisted negotiation, mandatory conciliation at Centro Federal, or labor court litigation (6-12 months).
Successful claims typically recover: full unpaid wages with proper calculations, overtime at double or triple rate, proportional aguinaldo and vacation pay, and termination pay if applicable. Courts may add interest and some costs.
Many cases resolve in conciliation: employers often prefer settling to litigation exposure, settlements may be somewhat negotiated (receiving 80-90% rather than litigating for 100%), payment plans sometimes arranged for employer cash flow, and written agreements binding both parties.
Labor court judgments typically include: full wages owed as calculated, constitutional indemnification for wrongful termination, seniority premium, accrued benefits, and attorney fees in some circumstances. Courts favor workers on burden of proof.
Be prepared for: quick resolution if employer is cooperative (weeks), conciliation process taking 1-2 months, full litigation taking 6-12 months, and appeals adding additional time.
Your negotiating position strengthens with: clear documentation of amounts owed, evidence of employment relationship, contemporaneous records of hours and payments, willingness to pursue formal action, and PROFEDET representation.
Employers may settle because: labor law favors workers, burden of proof falls on employers, litigation costs exceed settlement, judgments include penalties, and reputation concerns matter.
Mexico City Wage Recovery Resources and Contacts
Mexico City offers multiple resources for workers with wage claims. Most services are free.
PROFEDET (Procuraduría Federal de la Defensa del Trabajo)
Free legal services for workers. Main office: Dr. Vértiz 211, Col. Doctores. Phone: 800-911-7877 (toll-free). Services: consultation, demand drafting, conciliation representation, court representation. Completely free.
Centro Federal de Conciliación y Registro Laboral
Mandatory conciliation for labor disputes. Phone: 800-012-2020. Handles pre-litigation conciliation. Filing through PROFEDET recommended.
Tribunal Federal de Conciliación y Arbitraje
For federal workers' disputes (gobierno federal employees). Location: Periférico Sur 4365, Jardines en la Montaña. Separate from private sector labor courts.
Tribunales Laborales
New labor courts under judicial system. Handle litigation when conciliation fails. PROFEDET provides free representation.
Secretaría del Trabajo y Previsión Social
Labor ministry overseeing employment matters. Phone: 800-911-7877. Labor inspections. Workplace safety complaints.
IMSS (Instituto Mexicano del Seguro Social)
Social security institute. Phone: 800-623-2323. For complaints about unpaid social security contributions. Benefits claims assistance.
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.
Mexico City Unpaid Wages Laws
Applicable Laws
- Ley Federal del Trabajo
- Constitución Art. 123
Small Claims Limit
MXN $500,000
Consumer Protection Agency
PROFEDET / Centro Federal de Conciliación y Registro Laboral
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.