⚖️ Severance and Termination Payments in Mexico: Complete Guide for Workers

⚖️ Severance and Termination Payments in Mexico: Complete Guide for Workers

In the Mexican labor environment, severance and termination payments are two key concepts that every worker and employer must understand.

Whether due to a work accident, illness, dismissal, or resignation, knowing your rights will allow you to act clearly and protect your financial stability. Below, I explain the different scenarios, benefits, and procedures that apply in Mexico.


📊 Summary: Severance vs. Termination Payments

Concept When It Applies What It Includes
Severance Work-related risks, unjustified dismissal Economic compensation for damage or loss
Termination payment End of employment relationship Accrued and proportional benefits

🏥 1. Compensation for Work-Related Risks

When a worker suffers an accident or illness related to work, the social security system in Mexico protects their rights through IMSS (for private sector workers) or ISSSTE (for public sector workers).

Main Worker Rights:

Right Description
Free medical care At IMSS or ISSSTE facilities
Temporary disability 100% of base salary subsidy for up to 52 weeks
Partial permanent disability Compensation proportional to degree of disability
Total permanent disability Lifetime pension when unable to return to work
Death compensation For economic dependents of deceased worker

How Is the Compensation Process?

Step Description
1 Worker must be affiliated with IMSS or ISSSTE
2 The accident or illness must be properly documented
3 It must be proven to have occurred during or due to work
4 A procedure is initiated with the corresponding institution

📎 Consult official guidelines from IMSS and ISSSTE.


⚖️ 2. Termination Payment

When an employment relationship ends, depending on the reason, the worker may be entitled to a termination payment. This payment compensates for job loss and includes various accrued benefits.

Common Scenarios:

🔴 Unjustified Dismissal

If the employer ends the employment relationship without legal cause, the worker is entitled to:

Concept Description
Three months of integrated salary Constitutional compensation
20 days of salary for each year worked Seniority premium
Proportional benefits Christmas bonus, vacation, vacation premium, etc.

👉 You can go to PROFEDET for free advice.

🟢 Voluntary Resignation

In this case, the worker is not entitled to compensation. However, they must receive:

Concept Description
Proportional Christmas bonus Corresponding part of the year worked
Unused vacation and vacation premium Accrued days not taken
Pending salaries Days worked not paid

🟡 Fixed-Term Contract

If the contract expires naturally and is not renewed, there is generally no termination payment, unless the contract specifies otherwise.


📝 3. Justified Dismissal

Occurs when the employer terminates the contract for valid legal reasons, such as:

Cause Description
Serious misconduct Theft, violence, fraud, harassment
Breach of obligations Failure to attend work without justification
Business restructuring Staff reduction due to economic reasons

Proper Procedure for Justified Dismissal:

Step Description
1 Written notice to the worker with reasons for dismissal
2 Delivery of documentary evidence of the infractions committed
3 Payment of accrued benefits (no extra compensation)

💡 Important: Even without termination payment, the employer must pay everything owed up to the dismissal date.


📊 How Is Termination Payment Calculated?

Basic example for unjustified dismissal:

Concept Value Calculation
Monthly salary $15,000 MXN
Years worked 2 years
3 months of salary $45,000 MXN $15,000 × 3
20 days per year worked $20,000 MXN ($15,000 ÷ 30) × 40 days
Proportional benefits $10,000 MXN Approximate
Total estimated $75,000 MXN

🔗 Use the Mexican Government’s official calculator to estimate exact amounts.


📊 Comparison Table: Scenarios and Rights

Scenario Compensation Proportional Benefits
Unjustified dismissal ✅ Yes ✅ Yes
Voluntary resignation ❌ No ✅ Yes
Justified dismissal ❌ No ✅ Yes
Work-related risk ✅ Yes (IMSS/ISSSTE) ❌ Not applicable
Fixed-term contract expired ❌ No ✅ Yes (if applicable)

🧾 What to Do After a Dismissal or Work Accident?

Step Action
1 Document everything: Contracts, receipts, messages, medical evaluations
2 Request in writing your termination payment or compensation
3 Consult PROFEDET or a specialized labor attorney
4 Don’t sign anything without fully understanding it

Useful Contacts:

Institution Function Contact
PROFEDET Free advice for workers gob.mx/profedet
IMSS Work-related risks imss.gob.mx
ISSSTE Public sector workers gob.mx/issste
Conciliation Board Labor dispute resolution Local

🔗 Useful Links

Resource Link
PROFEDET – Free advice gob.mx/profedet
Termination payment calculator Mexican Government portal
Federal Labor Law (DOF) dof.gob.mx
IMSS – Work-related risks imss.gob.mx

✅ Conclusion

Understanding the difference between severance and termination payments allows you to claim your rights without fear or misinformation.

Remember:

Right Action
Work-related risk Compensation through IMSS/ISSSTE
Unjustified dismissal Full termination payment + compensation
Voluntary resignation Only proportional benefits
Justified dismissal Only proportional benefits

Whether you face an accident, illness, or job termination, being well-informed is your best defense. If you have doubts, approach labor authorities or seek reliable legal advice.

Your work has value. Protect it with knowledge.