Home-Based Work Contract Mexico (Contrato de Trabajo a Domicilio)

A Home-Based Work Contract Mexico (Contrato de Trabajo a Domicilio) is a formal written employment agreement between a patrón (employer) and a trabajador a domicilio (home worker) in Mexico under which the worker performs their labour at their own home or at a location chosen by the worker — rather than at a workplace designated and controlled by the employer — governed by Article 311 of the Ley Federal del Trabajo (LFT) published in the Diario Oficial de la Federación on 1 April 1970. The trabajo a domicilio regime under Articles 311 through 330 LFT is one of the oldest special employment categories in Mexican labour law, predating the teletrabajo reform of 2021, and covers both manual and intellectual work performed at the worker's chosen location.

Article 311 of the Ley Federal del Trabajo defines trabajo a domicilio as work performed principally or exclusively at the worker's own home or at a location freely chosen by the worker, without the employer's direct or constant supervision. This spatial autonomy — the worker controls where and, to a significant extent, when the work is performed — is what distinguishes trabajo a domicilio from both the traditional on-site employment contract and the teletrabajo regime under Articles 330-A through 330-K LFT introduced by the Decreto published in the DOF on 11 January 2021. While teletrabajo specifically addresses ICT-mediated remote work where the employer provides digital infrastructure and tools, trabajo a domicilio under Article 311 LFT has historically applied to craft work, manufacturing outwork, garment production (maquila doméstica), and similar manual productive activities performed at the worker's home using the worker's own tools or materials provided by the employer.

The constitutional framework for all employment in Mexico rests in Article 123 of the Constitución Política de los Estados Unidos Mexicanos of 5 February 1917. Article 311 LFT explicitly states that home workers are entitled to the same conditions and rights as workers who perform their services in the employer's establishment — the physical location of work does not reduce any minimum entitlement. Workers under a Contrato de Trabajo a Domicilio receive all minimum benefits: aguinaldo of at least 15 days' salary per year under Article 87 LFT, annual vacation of at least 12 working days under Article 76 LFT (reformed December 2022), a 25% prima vacacional under Article 80 LFT, and Participación de los Trabajadores en las Utilidades (PTU) at 10% of annual taxable profits under Articles 117 through 131 LFT.

The Articles 311–330 LFT special regime for trabajo a domicilio addresses several unique operational features. Article 316 LFT requires the employer to maintain a register (libro de registro) of all home workers, recording their identity, the work assigned, the volume and type of materials delivered, the agreed remuneration, and the delivery schedule. Article 317 LFT requires employers to issue a libreta (work logbook) to each home worker recording all work assignments, materials delivered, and payments made — this libreta serves as both a business record and an evidence tool in any labour dispute. Article 318 LFT requires the employer to pay at least the equivalent wage of workers performing comparable work in the establishment, and where no comparable on-site work exists, at least the applicable general or sector minimum wage set by the Comisión Nacional de los Salarios Mínimos (CONASAMI).

All employers of home workers under Article 311 LFT must register them with the Instituto Mexicano del Seguro Social (IMSS) before work begins under Article 15 of the Ley del Seguro Social (LSS). Home workers who are genuinely employed — as opposed to independent contractors — are subject to mandatory IMSS registration and the employer must pay both employer and worker social security contributions on the Salario Diario Integrado (SDI) under Article 84 LFT. The employer must also contribute 5% of the SDI to the worker's INFONAVIT housing fund under Article 29 of the Ley del INFONAVIT. The distinction between an employed home worker (trabajador a domicilio) and a self-employed independent contractor is determined by the economic and operational realities of the relationship — exclusivity, material supply by the employer, regular delivery schedules, and integration into the employer's production process all indicate subordinate employment rather than independent work, regardless of how the parties label the arrangement.

The 2021 teletrabajo reform (Decreto published in the DOF on 11 January 2021) added Articles 330-A through 330-K LFT, creating a distinct regulatory framework for ICT-mediated home office work. Employers with workers who use computers, software, and employer-provided digital tools to work from home must determine whether their arrangement falls under Article 311 LFT (traditional home work) or the teletrabajo provisions (Articles 330-A–330-K LFT) — the two regimes have different requirements regarding equipment provision, expense reimbursement, and the right to disconnect (derecho a la desconexión digitial).

A Home-Based Work Contract Mexico under Article 311 of the Ley Federal del Trabajo is needed when a Mexican employer engages a worker to perform productive labour at the worker's home or self-chosen location, where the employer does not exercise direct or continuous supervision over the time or manner of performance and the relationship constitutes genuine employment rather than independent contracting.

The contract is most commonly needed in Mexico's garment and textile industry (industria de la confección y textil), where maquiladoras domésticas — home-based seamstresses and garment workers — sew, assemble, or finish garments for exporters, brand owners, or intermediaries. This sector employs hundreds of thousands of home workers — predominantly women in states including Tlaxcala, Puebla, Hidalgo, and the Estado de México — who work under piece-rate arrangements (trabajo a destajo) that fall squarely within the Article 311 LFT framework. The STPS and the Centro Federal de Conciliación y Registro Laboral (CFCRL) have jurisdiction over disputes in this sector.

The contract is also needed for craft production workers (artesanos) who produce handicrafts, ceramics, leather goods, or other artisanal products at home for delivery to a single employer or distributor under a continuing arrangement that constitutes employment. While one-off artisan sales are commercial transactions under the Código Civil Federal rather than employment relationships, recurring production arrangements where the employer supplies materials, sets quality standards, and purchases all output at predetermined prices create employment relationships governed by Article 311 LFT.

Data entry workers, transcriptionists, and administrative support workers who perform repetitive clerical tasks at home using employer-supplied forms or simple digital tools — where the work does not meet the ICT-intensive threshold of the teletrabajo provisions under Articles 330-A–330-K LFT — may also be engaged under Article 311 LFT contracts. Employers must analyze each situation carefully to determine the correct regime.

The document is needed when formalizing arrangements with workers who have historically been engaged informally — without written contract, IMSS registration, or benefit payment — to bring the relationship into legal compliance. The STPS Inspección del Trabajo and the IMSS jointly conduct inspections targeting employers known to use informal home-based labour networks, with particular focus on garment, toy, and electronics assembly sectors. Retroactive benefit claims by misclassified home workers can be substantial — IMSS surcharges under Articles 304-A and 304-B of the Ley del Seguro Social, plus retroactive aguinaldo, vacation, PTU, and prima de antigüedad, can represent years of accumulated liability.

Employers who provide home workers with computers, internet connectivity, proprietary software, and remote access to company systems should carefully evaluate whether the Article 311 LFT framework or the teletrabajo framework under Articles 330-A–330-K LFT applies to each worker relationship. The teletrabajo regime imposes additional obligations including the provision and maintenance of ICT equipment, payment of proportional connectivity costs, the ergonomic risk obligation under NOM-035-STPS-2018 (psychosocial risk factors), and the right to disconnect (derecho a la desconexión) outside working hours. Engaging ICT-dependent home workers under Article 311 LFT contracts rather than teletrabajo contracts does not exempt the employer from teletrabajo obligations if the factual situation meets the teletrabajo definition.

A valid Home-Based Work Contract Mexico under the Ley Federal del Trabajo must satisfy the requirements of Articles 24, 25, and 311 through 330 LFT. The home-work-specific elements — work location, register, libreta, and piece-rate or salary structure — are central to the contract's validity and the employer's compliance posture.

Identification of Parties: Full legal name, RFC (Registro Federal de Contribuyentes assigned by the SAT), CURP (Clave Única de Registro de Población), NSS (Número de Seguridad Social), official identity document number, and the home address where work will be performed for the trabajador a domicilio. For corporate employers, the company's RFC, Registro Público de Comercio inscription, and the identity and notarized power of attorney (poder notarial before a Notario Público under the Código Civil Federal) of the legal representative.

Work Location Declaration: An explicit statement identifying the address of the home or location where the worker will perform their services, acknowledging that this location is chosen by the worker and not designated by the employer, as required by Article 311 LFT.

Description of Work to be Performed: A precise description of the type of work — garment assembly, craft production, data entry, transcription, or other defined activity — including applicable quality standards, specifications, and delivery formats. Article 315 LFT requires work to be assigned with sufficient specificity that the worker knows exactly what is expected.

Remuneration Structure: The agreed wage — either a time-based salary (salario por unidad de tiempo) or a piece-rate (trabajo a destajo, salario por unidad de obra) under Article 83 LFT. If piece-rate applies, the rate per unit produced must be stated, and the rate must be set such that a worker of average skill working a standard workday can earn at least the applicable CONASAMI minimum wage ($278.80 MXN per day general zone; $419.88 MXN per day ZLFN in 2025). Under Article 318 LFT, the wage must be at least equivalent to what comparable on-site workers receive for the same work.

Work Register (Libro de Registro): The employer's obligation under Article 316 LFT to maintain a register of all home workers, recording worker identity, work assigned, materials delivered, and compensation paid. The contract should reference this register and the worker's right to verify their entries.

Libreta del Trabajador a Domicilio: The employer's obligation under Article 317 LFT to issue and maintain an updated libreta (workbook) for the worker recording all assignments, materials received, work delivered, and payments made. The libreta is a critical evidentiary document in any labour dispute and must be kept current.

Materials and Tools: Specification of whether the employer supplies raw materials, components, or tools (and the conditions for their return), or whether the worker uses their own materials and tools. Under Article 319 LFT, any damage to employer-supplied materials caused by the worker's negligence (not normal wear) may be deducted from wages, but deductions must comply with Article 110 LFT.

Delivery Schedule: The agreed schedule for delivery of completed work to the employer, including the location for delivery (employer's establishment, courier pickup, or other arrangement) and quality control procedures.

Mandatory Benefits: All minimum benefits under Article 123 of the Constitución Política — aguinaldo (Article 87 LFT), vacaciones and prima vacacional (Articles 76–80 LFT), PTU (Articles 117–131 LFT), IMSS coverage (Ley del Seguro Social Article 15), and INFONAVIT contributions (Ley del INFONAVIT Article 29). Article 311 LFT explicitly confirms that home workers receive the same conditions and rights as on-site workers.

Data Protection Notice: An aviso de privacidad under Article 15 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP) informing the worker of personal data processing for HR, payroll, IMSS, INFONAVIT, and SAT compliance, and the worker's ARCO rights exercisable through the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI).

Governing Law and Dispute Resolution: The contract is governed by the Ley Federal del Trabajo, Articles 311–330, and all disputes must pass through mandatory conciliation at the Centro Federal de Conciliación y Registro Laboral (CFCRL) before proceeding to the competent Tribunal Laboral under the 2019 reforma laboral.

Forms-legal.com provides this Home-Based Work Contract Mexico template as a practical starting point. Garment sector employers and employers with large home-worker networks should have their arrangements reviewed by a Licenciado en Derecho with labour law expertise to confirm the correct classification between trabajo a domicilio and teletrabajo.