Trial Period Employment Contract Mexico (Contrato de Período de Prueba)

A Trial Period Employment Contract Mexico (Contrato de Período de Prueba) is a formal written labour agreement between a patrón (employer) and a trabajador (worker) in Mexico that establishes an initial employment period during which the employer evaluates whether the worker has the aptitude, knowledge, and skills required for the position, governed by Article 39-A of the Ley Federal del Trabajo (LFT) published in the Diario Oficial de la Federación on 1 April 1970 and added by the Decreto of reform published on 28 November 2012. The Contrato de Período de Prueba is one of two transitional employment instruments introduced by the 2012 reforma laboral — the other being the Contrato de Capacitación Inicial under Article 39-B LFT — to provide a lawful mechanism for employers to assess experienced candidates before committing to an indefinite employment relationship.

The defining purpose of the Contrato de Período de Prueba is evaluation of existing worker competencies: the worker is expected to apply skills and knowledge they already possess to the employer's specific environment. This distinguishes it from the Contrato de Capacitación Inicial (Article 39-B LFT), where the employer actively imparts new skills through training. A trial period is appropriate when hiring an experienced accountant to evaluate their performance in the company's specific financial systems, an experienced software developer to assess code quality and team integration, or an experienced sales professional to test their commercial results in a defined territory.

Duration limits under Article 39-A LFT are strictly defined. For general positions, the trial period may not exceed 30 days. For positions classified as dirección (executive leadership), gerencia (managerial level), administración general (general administrative management), or those requiring specialized technical or professional knowledge — such as senior engineers, medical specialists, legal counsel, or financial analysts — the maximum trial period extends to 180 days. These maximums are absolute and non-waivable. Any contract purporting to extend beyond these limits, or any attempt to restart a trial period for the same worker in the same position, is treated as an indefinite employment contract from inception under Article 35 LFT.

The constitutional framework for employment in Mexico rests in Article 123 of the Constitución Política de los Estados Unidos Mexicanos of 5 February 1917. Article 123, Apartado A establishes that no contract may waive or reduce the minimum conditions of employment. Workers under a Contrato de Período de Prueba hold exactly the same minimum rights as indefinite workers from the first day: aguinaldo of at least 15 days' salary per year under Article 87 LFT (proportional at contract end), annual vacation of at least 12 working days under the reformed Article 76 LFT (Decreto published in the DOF on 27 December 2022, effective 1 January 2023), 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 workers under trial period contracts with the Instituto Mexicano del Seguro Social (IMSS) before the first day of work under Article 15 of the Ley del Seguro Social (LSS). IMSS coverage includes all five branches: enfermedad y maternidad, riesgos de trabajo, invalidez y vida, retiro cesantía en edad avanzada y vejez (RCV), and guarderías y prestaciones sociales. Employer and worker 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 and withhold Impuesto sobre la Renta (ISR) under Articles 94 and 96 of the Ley del Impuesto sobre la Renta (LISR).

At the end of the trial period, the employer must make one of two decisions: retain the worker under an indefinite employment contract (contrato por tiempo indeterminado under Article 35 LFT), or formally notify the worker in writing before the trial period expires that the worker will not be retained. The written notification requirement is strict — absent written notice before expiry, the employment relationship converts automatically to indefinite status. The 2019 reforma laboral (Decreto published in the DOF on 1 May 2019) established the Centro Federal de Conciliación y Registro Laboral (CFCRL) as the mandatory pre-litigation conciliation authority for all labour disputes, including disputes over the lawful termination of trial period contracts and the proper duration of the trial period.

A Trial Period Employment Contract Mexico under Article 39-A of the Ley Federal del Trabajo is needed when a Mexican employer hires an experienced worker for a position that requires verifying the worker's existing competencies and fit before committing to an indefinite employment relationship. The contract is designed for candidates who already possess the skills required — the evaluation focuses on performance, cultural fit, and practical application of existing knowledge.

The contract is appropriate for hiring experienced professionals across all sectors: an experienced tax attorney hired by a law firm to evaluate their client-handling skills and SAT controversy expertise; a sales director with proven industry experience hired to assess whether their commercial network generates results in the specific market; a software architect hired to evaluate code quality and technical leadership in the company's development environment; or an experienced nurse hired by a hospital to assess clinical performance before permanent assignment. In each case, the worker brings existing competencies — the trial period tests how those competencies perform in the employer's specific context.

For management and highly specialized technical or professional positions, the 180-day maximum provides a meaningful evaluation window. A Chief Financial Officer hire at a Sociedad Anónima de Capital Variable (SA de CV) may warrant the full six-month evaluation to assess financial leadership, relationship management with the SAT and external auditors, and strategic planning contributions before full permanent commitment. A specialized surgeon joining a private hospital group may need the 180-day window to demonstrate clinical outcomes and patient management capabilities.

The contract must be in writing, identifying the position, the trial duration, evaluation criteria, salary, and all mandatory benefits. Article 24 LFT requires all employment contracts to be written — an oral trial period arrangement provides the employer none of the legal protections of Article 39-A LFT and will be treated as an indefinite relationship from inception. The Secretaría del Trabajo y Previsión Social (STPS) Inspección del Trabajo regularly audits employers and demands production of written contracts.

Evaluation criteria are a practical necessity even though they are not explicitly mandated by Article 39-A LFT. The Tribunales Laborales have begun scrutinizing the basis on which employers claim non-retention at the end of trial periods — employers who cannot articulate objective criteria for non-retention face greater risk of the termination being treated as an unjustified dismissal under Article 50 LFT. Documenting performance metrics, output standards, and behavioral competencies in the trial period contract or a supplementary evaluation rubric protects the employer's decision.

At the end of the trial period, written non-retention notice must be delivered before the last day. If the employer misses this deadline and the worker continues working — even one additional day — the employment relationship converts to indefinite status automatically under Article 35 LFT. The employer cannot retroactively invoke the trial period after the deadline has passed.

The Contrato de Período de Prueba may precede a Contrato de Capacitación Inicial for the same worker and same position under Article 39-C LFT, but only in this order — trial period first, then training period. The combined maximum durations of both periods apply, and neither may exceed its individual statutory maximum. Using both consecutively in the permissible order allows employers up to 30 days of trial evaluation plus up to three months of training (or 180 days plus six months for management/specialized positions) before committing to indefinite employment.

A valid Trial Period Employment Contract Mexico under the Ley Federal del Trabajo must satisfy Articles 24, 25, and 39-A LFT. The evaluation-specific elements are critical to the contract's validity and to the employer's ability to lawfully end the relationship at the trial period's conclusion.

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 assigned by IMSS), official identity document number, and domicile of both the patrón and the trabajador. Corporate employers must state the company's RFC, Registro Público de Comercio inscription, and the identity and notarized power of attorney (poder notarial granted before a Notario Público under the Código Civil Federal) of the legal representative.

Express Trial Period Declaration: The contract must explicitly state that it constitutes a Contrato de Período de Prueba under Article 39-A of the Ley Federal del Trabajo and that the relationship is for the purpose of evaluating the worker's aptitude and skills for the described position. This express declaration is necessary for the lawful termination of the relationship at trial period end without severance indemnification liability.

Trial Period Duration: The agreed duration of the trial period, which must not exceed 30 days for general positions or 180 days for dirección, gerencia, administración general, or positions requiring specialized technical or professional knowledge under Article 39-A LFT. The start date and end date (or the specific day on which the trial period expires) must be stated with precision.

Evaluation Criteria: While not expressly mandated by Article 39-A LFT, documenting the performance metrics, output standards, or competency benchmarks by which the worker will be evaluated protects the employer against unjustified dismissal claims if non-retention is challenged before the Tribunales Laborales. Objective, measurable criteria — sales targets, error rates, project deliverables, client satisfaction scores — are stronger than subjective criteria.

Job Position and Functions: The position title (puesto) and precise description of functions under Article 25 Section IV LFT. The position description must reflect what the worker is expected to perform from day one, confirming that evaluation relates to existing competencies rather than skills being acquired.

Work Location and Modality: The primary work address under Article 25 Section V LFT. Remote or hybrid work during the trial period requires a complementary teletrabajo agreement under Articles 330-A through 330-K LFT added by the 2021 teletrabajo reform.

Salary and Integrated Daily Wage: The daily base salary and Salario Diario Integrado (SDI) under Article 84 LFT, which must meet or exceed the CONASAMI general minimum wage — $278.80 MXN per day for the general zone and $419.88 MXN per day for the Zona Libre de la Frontera Norte (ZLFN) in 2025. The SDI integrates base wage plus proportional daily values of aguinaldo, prima vacacional, and all other regular benefits.

Workday Type and Schedule: The applicable workday type — diurna (max 8 hours, 06:00–20:00), nocturna (max 7 hours, 20:00–06:00), or mixta (max 7.5 hours) under Article 60 LFT — and the agreed daily schedule with the designated rest day under Article 69 LFT.

Mandatory Benefits: All minimum benefits under Article 123 of the Constitución Política — aguinaldo (Article 87 LFT, proportional at trial period end), 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).

Non-Retention Notification Procedure: The mechanics of written notification of non-retention — who delivers it, in what form, and the deadline for delivery. The notice must reach the worker before the trial period's last day. Employers often include an acknowledgment receipt (acuse de recibo) in the contract or maintain a separate notification template.

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 purposes, 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: Statement that the contract is governed by the Ley Federal del Trabajo and that all disputes must first pass through mandatory conciliation at the Centro Federal de Conciliación y Registro Laboral (CFCRL) or the corresponding state conciliation centre before proceeding to the competent Tribunal Laboral under the 2019 reforma laboral.

Forms-legal.com provides this Trial Period Employment Contract Mexico template as a practical starting point. Employers with management and specialized positions should verify position classification and evaluation criteria with a Licenciado en Derecho before using the 180-day maximum trial period.