Seasonal Employment Contract Mexico (Contrato de Trabajo de Temporada)

A Seasonal Employment Contract Mexico (Contrato de Trabajo de Temporada) is a formal written labour agreement between a patrón (employer) and a trabajador (worker) in Mexico that establishes an employment relationship tied to recurring seasonal demand — periods of the year when the nature of the employer's activity requires additional workforce that is not needed on a year-round basis, governed by Article 39 of the Ley Federal del Trabajo (LFT) published in the Diario Oficial de la Federación on 1 April 1970. The Contrato de Trabajo de Temporada is the legally appropriate instrument for work that repeats predictably across successive seasons, distinguishing it from fixed-term contracts (Article 37 LFT) and specific-work contracts (Article 36 LFT) by the characteristic of recurrence.

Article 39 LFT establishes the legal framework for seasonal employment by recognizing that certain activities — agriculture, tourism, retail commerce, and certain manufacturing sectors — experience systematic, predictable fluctuations in demand that are tied to the calendar year. A worker hired for seasonal work retains a right of preference (preferencia) to be rehired in subsequent seasons ahead of new candidates when the employer requires workers for the same seasonal activity, provided the worker performed satisfactorily and presents themselves at the appropriate time. This right of preferential rehiring transforms the seasonal employment relationship from a purely temporary engagement into a recurring relationship that accumulates seniority across multiple seasons for the purposes of certain benefit calculations.

Seasonal employment in Mexico exists across multiple sectors. In agriculture (sector agropecuario), the harvest cycles for sugarcane (caña de azúcar) in Veracruz, Jalisco, and Oaxaca; avocado (aguacate) in Michoacán; strawberries (fresas) in Baja California; and tomatoes (jitomate) in Sinaloa generate massive seasonal labour demand, primarily governed by the agricultural worker provisions of Articles 279 through 284 LFT alongside Article 39 LFT. In the tourism sector (sector turístico), beach resort destinations in Cancún (Quintana Roo), Los Cabos (Baja California Sur), Puerto Vallarta (Jalisco), and the Riviera Maya experience peak seasonal demand during the December–April high season and reduced activity in the summer hurricane season. In retail commerce (comercio al por menor), the Christmas–Día de Reyes season (November–January) and the back-to-school season (July–August) drive significant temporary employment at major retailers including Walmart de México y Centroamérica, Coppel, and Liverpool.

The constitutional foundation for all employment in Mexico rests in Article 123 of the Constitución Política de los Estados Unidos Mexicanos of 5 February 1917. Article 123, Apartado A mandates that all workers — including seasonal workers — receive the minimum conditions of employment prescribed by the Ley Federal del Trabajo, none of which may be waived or reduced. Seasonal workers in Mexico are entitled to all minimum benefits: aguinaldo of at least 15 days' salary per year under Article 87 LFT (proportional to days worked in the season), annual vacation of at least 12 working days under Article 76 LFT (reformed December 2022, proportional), 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.

All employers must register seasonal workers with the Instituto Mexicano del Seguro Social (IMSS) before work begins under Article 15 of the Ley del Seguro Social (LSS) published in the DOF on 21 December 1995. IMSS registration provides coverage under all five branches from the first day. Employer IMSS contributions are calculated on the Salario Diario Integrado (SDI) under Article 84 LFT and remitted bimonthly through the Sistema Único de Autodeterminación (SUA). The employer must also contribute 5% of the SDI to the worker's INFONAVIT housing fund under Article 29 of the Ley del INFONAVIT. Withholding and remittance of Impuesto sobre la Renta (ISR) under Articles 94 and 96 of the Ley del Impuesto sobre la Renta (LISR) is mandatory, with CFDI de nómina issued for each salary payment.

The 2019 reforma laboral (Decreto published in the DOF on 1 May 2019) established the Centro Federal de Conciliación y Registro Laboral (CFCRL) and created the Tribunales Laborales under the Poder Judicial de la Federación to replace the Juntas de Conciliación y Arbitraje. All disputes arising from seasonal employment contracts — including disputes over preferential rehiring rights, seniority accumulation across seasons, and benefit calculations — must pass through mandatory conciliation at the CFCRL before proceeding to litigation. The Secretaría del Trabajo y Previsión Social (STPS) Inspección del Trabajo actively inspects seasonal employers, particularly in agriculture and tourism, where worker rights violations have historically been concentrated.

A Seasonal Employment Contract Mexico under Article 39 of the Ley Federal del Trabajo is needed when a Mexican employer hires workers for activities that recur predictably across specific periods of the year and are part of the employer's regular seasonal business cycle — as opposed to one-off fixed-term engagements or the staffing of inherently permanent positions.

The contract is required in Mexico's agricultural sector for harvest-related employment. Ejidos (communal landholding units under the Ley Agraria published in the DOF on 26 February 1992) and agribusiness companies hiring temporary harvest workers in Sinaloa, Sonora, Michoacán, Veracruz, and Baja California must use seasonal employment contracts. The Procuraduría de la Defensa del Trabajo (PROFEDET) and the STPS actively enforce written contract requirements for agricultural seasonal workers, and failure to document the relationship correctly exposes employers to significant liability under both the LFT and the Ley para Prevenir y Sancionar la Trata de Personas.

In the tourism and hospitality sector, hotels, resorts, and tour operators in the Riviera Maya, Los Cabos, Puerto Vallarta, and Ixtapa–Zihuatanejo hire additional housekeeping staff, food and beverage workers, and guest services personnel for the December–April high season. The Cámara Nacional de la Industria Restaurantera y de Alimentos Condimentados (CANIRAC) and the Asociación de Hoteles y Moteles de la Ciudad de México recognize seasonal employment as the standard instrument for tourism-sector peak staffing. The contract must specify the seasonal period and the employer's commitment to offer preferential rehiring in subsequent equivalent seasons.

Retail employers — particularly large format retailers and department stores subject to collective bargaining agreements (contratos colectivos de trabajo) negotiated with unions affiliated with the Confederación de Trabajadores de México (CTM) or the Confederación Revolucionaria de Obreros y Campesinos (CROC) — use seasonal employment contracts for the Christmas, Día de Reyes, and back-to-school hiring waves. The contract must be consistent with the applicable collective agreement, which may impose additional obligations on seasonal worker treatment, minimum season duration, and preferential rehiring criteria.

Manufacturing companies that experience recurring production peaks tied to annual purchasing cycles — a confectionery manufacturer ramping up for Día de Muertos and Christmas, a fireworks company (cohetería) increasing production before September 15 and December, or a school supplies manufacturer expanding for the August back-to-school period — require seasonal employment contracts for the additional production workers hired for these recurring peaks.

The document is also needed when formalizing the relationship with agricultural workers who provide services under Mexico's jornaleros program — day laborers who follow crop cycles across different states. The STPS Programa de Atención a Jornaleros Agrícolas provides social support to these workers, and formal written seasonal employment contracts are a prerequisite for accessing program benefits.

At the end of each season, the employer must pay the worker the finiquito — all accrued proportional benefits including aguinaldo, vacation, prima vacacional, and PTU. The worker retains the right to preferential rehiring under Article 39 LFT. When the next season begins, the employer must notify workers with preferential rights before hiring new candidates. Failure to notify a worker with preferential rehiring rights constitutes a form of unjustified termination, triggering indemnification obligations under Article 50 LFT as determined by the Tribunales Laborales.

A valid Seasonal Employment Contract Mexico under the Ley Federal del Trabajo must satisfy the requirements of Articles 24, 25, and 39 LFT. The seasonal-specific elements — season definition, recurrence, and preferential rehiring — distinguish this contract from other temporary employment instruments.

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 domicile of both the patrón and the trabajador. For corporate employers, the company's RFC, Registro Público de Comercio inscription, and the identity and power of attorney (poder notarial before a Notario Público under the Código Civil Federal) of the legal representative.

Seasonal Activity Definition: A precise description of the seasonal activity that justifies the contract — the crop, tourism season, commercial peak, or production cycle — and the dates or conditions that define the season's start and end. Vague descriptions such as "peak period" without identification of the specific seasonal activity will not meet the Article 39 LFT standard and expose the employer to reclassification claims.

Season Duration and Dates: The start date and anticipated end date (or objective end condition) of the current season, with an acknowledgment that actual completion may vary slightly based on natural or commercial factors — for example, "from 1 November 2025 to approximately 15 January 2026, or until completion of the Christmas–Día de Reyes sales campaign, whichever occurs first."

Preferential Rehiring Commitment: A clause recognizing the worker's right of preference under Article 39 LFT to be offered the same seasonal position in subsequent seasons before new workers are hired, conditional on the worker's satisfactory performance and timely presentation when the season opens. The contract should specify how the employer will notify the worker of the next season's opening.

Job Position and Functions: The position title and precise description of duties under Article 25 Section IV LFT. In agriculture, the specific crop and type of labour (harvesting, packing, sorting, irrigation) must be identified. In tourism, the specific department (housekeeping, food and beverage, front desk) and role level must be stated.

Work Location: The specific location — farm address, hotel property address, or production facility address — under Article 25 Section V LFT. For agricultural workers who move between locations during the harvest, all relevant locations or the criteria for determining them must be stated.

Salary and Integrated Daily Wage: The daily base salary and SDI under Article 84 LFT. In agriculture, the applicable CONASAMI minimum wage for specific agricultural workers (trabajadores del campo) must be confirmed — CONASAMI publishes sector-specific minimums for agricultural work that may differ from the general minimum wage ($278.80 MXN per day general zone, $419.88 MXN per day ZLFN in 2025).

Workday Type and Schedule: The applicable workday type — diurna, nocturna, or mixta — under Article 60 LFT, with the agreed daily schedule. Agricultural workers covered by Articles 279–284 LFT may be subject to modified workday provisions under applicable collective bargaining agreements.

Mandatory Benefits: All minimum benefits — aguinaldo (Article 87 LFT, proportional), vacaciones and prima vacacional (Articles 76–80 LFT, proportional), PTU (Articles 117–131 LFT), IMSS coverage (Ley del Seguro Social Article 15), and INFONAVIT contributions (Ley del INFONAVIT Article 29). For agricultural seasonal workers, access to housing (habitación), potable water, and medical services at the work site may be required under Articles 283–284 LFT.

Seniority Accumulation: A clause addressing how seniority (antigüedad) accumulated across multiple seasons is calculated for the purpose of aguinaldo escalation, vacation day escalation, and prima de antigüedad under Article 162 LFT — whether each season counts as additional years of service or whether inter-season periods are excluded.

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 INAI.

Governing Law and Dispute Resolution: The contract is governed by the Ley Federal del Trabajo. 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 Seasonal Employment Contract Mexico template as a practical starting point for seasonal employers. Agricultural employers are especially advised to confirm compliance with Articles 279–284 LFT and applicable NOMs (including NOM-003-STPS-1999 for agricultural activities with hazardous chemicals) with a Licenciado en Derecho before execution.