In the Mexican labor scenario, under the growing need for additional income, it is very likely that a worker will seek to hold two jobs to sustain his or her standard of living, so it is crucial to understand that it is possible for a worker to work in two (or more) places legally registered under the IMSS, which is completely legal.
Article 47 of the Federal Labor Law establishes several causes for which the employer may terminate the employment relationship without any liability whatsoever.
Said article stipulates a series of causes such as deception by means of false certificates, acts of lack of probity, violence or bad treatment against the employer, its relatives, management or administrative personnel, clients, and suppliers, among others, however, among such causes, dual employment is not considered.
Some companies consider this a cause for concern and have requested advice, seeking ways to sanction the worker, even to terminate the employment relationship; however, there is no limit in the law for workers to have multiple jobs.
The only exception to this rule could arise when the employee provides services for a company that performs the same activities, but very specific things must be analyzed before reaching that decision, so it is unlikely to consider the duplicity of employment as a cause for termination of the employment relationship.
In conclusion, dual employment in Mexico is not a direct cause for termination, except in specific cases related to competition.
If you are an employer and wish to review the grounds for a possible termination related to dual employment, at Vega, Guerrero & Asociados, we can provide you with advice on how to legally support this decision and guarantee a fair process in compliance with labor regulations.
