Use this unpaid wages guide to build a clear demand letter for Monterrey.
Recovering Unpaid Wages in Monterrey, Mexico
Workers in Monterrey facing unpaid wages, withheld bonuses, or denied entitlements have strong legal protections under Mexican labor law. Whether you work in manufacturing, maquiladoras, corporate offices in San Pedro Garza García, tech companies, retail, or any sector across the Monterrey 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 by contract.
Common wage issues in Monterrey include late salary payments, non-payment of overtime in manufacturing, withheld aguinaldo, denied profit sharing, unpaid vacation premium, incorrect severance calculations, and maquiladora wage disputes. Monterrey's industrial economy—Mexico's manufacturing powerhouse—creates various employment scenarios.
The Centro Federal de Conciliación y Registro Laboral and labor courts provide dispute resolution for wage claims. Workers can file complaints without attorneys. This guide explains your rights and the process for recovering unpaid wages in Monterrey.
Mexican Laws Protecting Worker Wages in Monterrey
Mexican labor law provides comprehensive wage protections through the Ley Federal del Trabajo (LFT) and constitutional provisions.
Article 123 of the Mexican Constitution establishes fundamental labor rights including: minimum wage, maximum working hours, overtime compensation, and protection of wages.
The Ley Federal del Trabajo governs all employment relationships. Key wage provisions include: wages must be paid weekly for manual workers and biweekly for others, payment must be in legal currency, wages cannot be reduced unilaterally, and employers cannot retain wages except for legally authorized deductions.
Minimum wage is set annually by CONASAMI. Monterrey is in the northern border zone with higher minimum wage rates than the general zone. All workers must receive at least minimum wage.
Overtime compensation under Article 67: first 9 hours of weekly overtime paid at 200%, additional overtime at 300%. Manufacturing overtime is a common issue.
Aguinaldo (Christmas bonus) under Article 87: workers entitled to at least 15 days' wages by December 20 each year.
Vacation and vacation premium under Articles 76-81: minimum 12 days vacation after first year (increasing with seniority), 25% vacation premium.
Profit sharing (PTU) under Articles 117-131: workers entitled to share of employer profits, paid in May.
Severance pay for unjustified termination: 3 months' salary plus 20 days per year of service.
The 2019 labor reform established Centro Federal de Conciliación y Registro Laboral for pre-judicial conciliation.
Maquiladora workers have the same rights as all Mexican workers under the LFT.
Step-by-Step Guide to Recovering Unpaid Wages in Monterrey
Recovering unpaid wages in Monterrey involves using Mexico's labor justice system.
Gather all evidence: employment contract, payroll receipts (recibos de nómina), bank statements, time records, and calculation of amounts owed.
Confirm legal entitlements: minimum wage compliance (check northern border zone rates), overtime at proper rates, aguinaldo (15 days minimum), vacation premium (25%), PTU if applicable.
Calculate everything owed: unpaid regular wages, overtime at 200%/300% rates, aguinaldo, vacation premium, PTU, severance if terminated.
Send written request stating: specific amounts owed, legal basis, deadline for payment (7-14 days), intention to file labor complaint if not resolved.
Prepare for formal complaint: employment documentation, payroll records, calculations, correspondence.
File with Centro Federal de Conciliación y Registro Laboral. Describe employment relationship, wages owed, legal basis. Conciliation is mandatory.
Conciliation attempts settlement. Present documentation. Consider reasonable offers but don't accept less than legal entitlements.
If conciliation fails, case proceeds to Tribunal Laboral. Present evidence at hearing.
If employer doesn't comply with judgment, enforcement mechanisms include asset seizure and garnishment.
Essential Evidence for Monterrey Wage Claims
Strong documentation is crucial for labor complaints.
Employment Documentation
Proof of employment: employment contract, employee ID, IMSS registration, documents showing employment.
Pay Records
Payment documentation: recibos de nómina, bank statements, CFDI for wages, records showing missed payments.
Working Hours Records
For overtime claims: time attendance records, work schedules, emails showing work outside normal hours.
Wage Calculations
Detailed calculations: regular wages owed, overtime hours with legal rates (200%/300%), aguinaldo, vacation premium, PTU, severance.
Communication Records
All correspondence: payment requests, employer responses, written complaints.
Termination Documentation
If terminated: termination letter, stated reasons, final settlement offered.
Witness Information
Potential witnesses: coworkers who can confirm working conditions.
IMSS Records
Social security records: IMSS registration showing employment dates, reported salary, contributions.
Organize evidence chronologically.
Critical Deadlines for Monterrey Wage Claims
Mexican labor law establishes specific timeframes.
Prescription Period (1 Year)
Most labor claims prescribe in 1 year from when due. File within 1 year of each violation.
Severance Claims (2 Months)
Claims for unjustified termination must be filed within 2 months. Strict deadline.
Aguinaldo Deadline
Aguinaldo must be paid by December 20. Claims run from this date.
PTU Deadline
Profit sharing must be paid within 60 days of employer filing annual tax return. Claims run from this date.
Conciliation Process
After filing: hearing scheduled within days to weeks, resolution attempts in 1-3 sessions.
Court Process
If conciliation fails: court proceedings over months.
Evidence Preservation
Document issues immediately. Keep payroll receipts, save communications.
Common Mistakes to Avoid When Pursuing Monterrey Wage Claims
Many Monterrey workers weaken their claims through procedural errors.
Missing the 2-Month Termination Deadline
Severance claims have strict 2-month limit. File immediately after unjustified termination.
Letting Claims Prescribe
Most claims prescribe in 1 year. File promptly.
Not Keeping Payroll Receipts
Recibos de nómina are crucial. Keep all payroll documentation.
Accepting Finiquito Without Review
Don't sign finiquito without understanding what you're giving up. Review carefully.
Miscalculating Entitlements
Use official formulas. PROFEDET can assist with calculations.
Not Using PROFEDET
PROFEDET provides free legal assistance. Use this resource.
Skipping Conciliation
Conciliation is mandatory under 2019 reform. File with CFCRL first.
Giving Up Too Easily
Persist through formal channels. Most legitimate claims succeed.
Frequently Asked Questions About Monterrey Wage Claims
Monterrey is in the northern border zone with higher minimum wage rates than the general zone. Check current rates at gob.mx/conasami.
Most wage claims prescribe in 1 year. Severance claims for unjustified termination have only 2 months. Don't delay.
Aguinaldo is the mandatory Christmas bonus under Article 87 of the LFT. You're entitled to at least 15 days' wages, paid by December 20.
First 9 hours of weekly overtime at 200% (double time). Hours beyond that at 300% (triple time).
Yes. Maquiladora workers have the same rights as all Mexican workers under the LFT, including minimum wage, overtime, aguinaldo, and all statutory benefits.
For unjustified termination: 3 months' integrated salary plus 20 days per year of service. File within 2 months.
No. Labor proceedings are accessible without attorneys. PROFEDET provides free legal representation.
PROFEDET provides free legal assistance to workers—advice, calculations, and representation.
What to Expect When Pursuing Monterrey Wage Claims
Understanding realistic outcomes helps workers approach claims effectively.
Most disputes resolve through: direct negotiation, mandatory conciliation, or labor court judgment.
Conciliation often produces: agreed payment, payment schedules, documented settlements.
Labor court can order: payment of wages owed, constitutional indemnification, 20 days per year, back pay.
Direct resolution: weeks. Conciliation: 1-2 months. Court: 6-18 months.
Strengthens with: clear documentation, evidence of amounts owed, timely filing, organized presentation.
Court judgments enforceable through asset seizure and garnishment.
Monterrey Wage Recovery Resources and Contacts
Monterrey offers resources for wage claims.
PROFEDET Nuevo León
Free legal assistance for workers. Website: profedet.gob.mx. Advice, calculations, representation.
Centro Federal de Conciliación y Registro Laboral
Mandatory first stop for labor disputes. Pre-judicial conciliation.
Tribunales Laborales de Nuevo León
Labor courts. Handle cases after conciliation fails.
Secretaría del Trabajo y Previsión Social (STPS)
Federal labor ministry. Website: gob.mx/stps.
CONASAMI
Minimum wage commission. Website: gob.mx/conasami. Current rates.
IMSS
Social security. Verify employment registration.
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.
Nuevo León 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.