There are three main ways to hire employees in Mexico: set up your own legal entity, work with an employer of record (EOR), or engage workers as independent contractors.
Each option works differently depending on your timeline, headcount, and long-term plans in the country.
Set up a Mexican legal entity
Incorporating in Mexico means registering a Sociedad Anónima de Capital Variable (S.A. de C.V.) or similar structure with the Secretaría de Economía, obtaining a Federal Taxpayer Registry (RFC) from SAT, registering with IMSS (Mexican Social Security Institute), and enrolling in INFONAVIT (the national housing fund). Depending on the activities performed, additional registrations may be required with state authorities and local tax administrations. Employers must also establish electronic invoicing (CFDI) capabilities and comply with Mexican electronic payroll reporting obligations. The process typically takes three to six months and requires ongoing administrative obligations once active.
Use an employer of record in Mexico
An EOR in Mexico acts as the legal employer on your behalf. You find the talent, the EOR hires them under Mexican law, handles payroll, IMSS contributions, statutory benefits, and compliance with the Federal Labour Law (Ley Federal del Trabajo). You retain day-to-day management of the employee’s work. The EOR is responsible for maintaining employment compliance, payroll administration, statutory registrations, and employment-related reporting obligations under Mexican law. This is the fastest route to hiring in Mexico without a local entity.
Engage independent contractors in Mexico
Contractors in Mexico are governed by civil and commercial law rather than the Federal Labour Law. They are not entitled to statutory benefits like Aguinaldo, vacation premium, or IMSS coverage. However, Mexico’s misclassification risk is high, and authorities scrutinise contractor arrangements closely. If the working relationship looks like employment (fixed hours, employer-provided tools, integrated into core business), regulators can reclassify the worker as an employee.
What is the best route for your business?
Ultimately, the best approach depends on your hiring goals, growth plans, and operational needs. For companies seeking ongoing, full-time talent in Mexico, an EOR provides a practical balance of speed, compliance, and flexibility.
The key is choosing a partner that understands both the regulatory landscape and the realities of managing a global workforce. CXC works with organisations of all sizes to help them navigate international hiring requirements, providing local expertise and support that enables businesses to focus on growth rather than administrative complexity. Reclassification may result in liability for unpaid social security contributions, employment benefits, payroll taxes, profit sharing obligations, penalties, surcharges, and employment claims.