Recruiting in Mexico does not always require setting up a company there. It does require knowing under which regime a foreign employer is allowed to file returns and pay contributions, and on what conditions.
Three routes generally exist: registration of the foreign employer with the local bodies, the use of an employer of record established on the spot, or the creation of a structure. The first is the least costly but presupposes a local correspondent able to file the returns in the language and to the calendar of the country; the second moves the employment relationship to a third party, which is not neutral in law. The choice is made in the light of the number of employees, the duration envisaged and what local law actually permits.
The employer registration opened with the Mexican social security institute also drives contributions to the housing fund and the retirement scheme. Each employee must be registered there with the exact base contribution salary, a technical concept that captures certain bonuses and benefits: understated registration is the irregularity most frequently reassessed on audit.
A local entity remains a precondition in Mexico, since no mechanism is open to a foreign employer without an establishment. The company is incorporated by notarial deed, registered in the public commercial registry and issued its federal taxpayer registry number by the tax administration.
Writing is compulsory for the contract, and its absence works against the employer, since the law then presumes the conditions asserted by the employee. Duration, duties, pay and place of work must be stated in it.
The payslip takes the form of an electronic payroll invoice validated by the tax administration: without it, the payroll expense is not deductible. Income tax is withheld and remitted monthly, alongside state payroll taxes in most states. Dismissal, finally, must rest on a statutory ground and compensation is fixed by law. State payroll tax registration is a separate step in every state where staff are based, and foreign groups overlook it regularly.
In Mexico, running payroll on behalf of third parties is reserved by law to no registered profession: any company may take it on. The absence of a legal barrier shifts the checking onto you, and that is why the network itself verifies the registration, the tax and social security standing and the insurance cover of every firm before listing it.
| Local wording | Issuing body | Validity | Source |
|---|---|---|---|
| Acta constitutiva protocolizada e inscrita en el Registro Público de Comercio — boleta de inscripción y Folio Mercantil Electrónico (FME)Notarised articles of incorporation registered with the Public Registry of Commerce Le Mexique n'a pas d'extrait Kbis équivalent : la preuve d'existence combine l'acte constitutif notarié et la boleta d'inscription portant le Folio Mercantil Electrónico, vérifiable en ligne sur le SIGER. | Registro Público de Comercio — SIGER 2.0, Secretaría de Economía | No expiry Required | Official website |
| Constancia de Situación Fiscal (CSF) con Cédula de Identificación Fiscal y RFCTax status certificate with RFC taxpayer number Pièce d'identité fiscale de référence au Mexique : elle porte le RFC, le régime fiscal, l'adresse et les obligations déclaratives. Se télécharge avec e.firma ou contraseña, et porte un QR de vérification. | Servicio de Administración Tributaria (SAT) | 3 months Required | Official website |
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