Mexico PEO - EOR

Employee Screening In Mexico

Mexico is one of the popular choices amongst investors to start a new business. After Brazil, Mexico is the second-largest economy in Latin America and has shown considerable growth in Gross Domestic Product (GDP).

In 2019, Mexico’s GDP jumped to $1.27 trillion. It is the 17th largest exporter and has signed multiple free trade agreements. The country’s fast-paced growth and skilled and talented youth make it favorable for foreign investors to set up a business.  

While starting a new business, responsible hiring practices can benefit the company in the long term. Conducting a background check on any prospect helps companies find trustworthy candidates, reduce employee turnover, and build a sturdy work culture.

Employee screening ensures that the company makes an informed decision based on thorough research of the candidate’s experience, education, and social life. Like most other countries, local laws legally allow companies to conduct an employee screening in Mexico. 

What is Employment Background Verification?

Employee background screening is the procedure of verifying the personal and professional records of the employee. Company recruiters can take this opportunity to test a candidate’s competency and ability to fit into their company. 

Employers can opt for a background check in Mexico while hiring a candidate or during an employee’s tenure to maintain accountability in the company. An HR background check in Mexico can also help determine a candidate’s position during a conditional job offer. It protects companies from liability issues and secures the company’s assets. 

By conducting a pre-employment background check in Mexico, employers can create a safe and secure work environment for the rest of the employees. It also enhances the recruitment process.

Partnering with firms that provide solutions for global compliance to hiring employees from Mexico will eliminate the risk factor and make the process hassle-free.  

Benefits of Background Checks in Mexico

Conducting a background check offers several benefits to employers and companies. 

  • A pre-employment background check in Mexico ensures that the company has hired the best possible talent in the industry with authentic academic qualifications and work experience. 
  • When hiring for crucial positions in a business, a background check will ensure that you have minimized financial risks and protect employers from vulnerabilities. 
  • A criminal background check in Mexico will protect the company from potential legal liabilities and shield employers from being held responsible for their employee’s actions. 
  • The hiring process consumes time and resources. Therefore, an employee background check will save employers from going through the hiring and recruitment process repeatedly by helping them make the right decision the first time.
  • Through a pre-employment check, you can neglect the risky candidates and enhance the hiring process.
  • Employers can easily assess an employee’s ethics and trustworthiness before hiring them.

Are Background Checks Legal in Mexico?

An employer can conduct background checks in Mexico legally. However, they must abide by the Mexican Federal Law on the Protection of Personal Data held by Private Parties. This law governs personal data’s legitimate, controlled, and informed treatment. 

The federal law protects employees’ privacy and the right to choose who, why, or for which purpose their data can be used and processed. The law expects the party conducting the employee screening in Mexico to keep the data processing confidential. 

An employer must have the verbal and written consent of the potential candidate or existing employee to conduct a background check. An employer has to send a privacy notice, and once the candidate acknowledges it, then only can employer proceed with gathering the information for the background checks. The privacy notice should enlist the purpose of data processing. After that, employees have to express their authorization for data processing. Employers can also request a criminal record certificate without any restrictions. 

The Federal Labor Law of Mexico also allows employers to terminate an employee without any further liability if they have used false documentation or references within thirty days from the employee’s first day. 

Things to Know When Performing a Background Check in Mexico

The pre-employment check-in Mexico is a thorough process wherein employers must review the candidate’s records. However, while performing a background check, verify the following databases:

Credit report

  • Credit checks are mandatory for some executive positions in the banking and finance sector. 
  • Credit reports help employers to have details related to disputed or slow payments, current or previous debts, payment history, bankruptcy records, and others. You can conduct these checks for other positions as well. However, an employer cannot deny a job based on the credit report, as it can be considered discriminatory. 

Criminal record

  • Employers can request a criminal record certificate from the candidate in the pre-employment background check in Mexico without any restrictions. 
  • While criminal background checks are crucial in sectors like childcare, they shield an employer from potential legal liabilities. 

Employment history

  • A candidate’s employment history can verify the references and past work experience submitted at the time of application. 
  • Employers usually require a Letter of Recommendation (LOR) in Mexico during background checks that can help the recruiters understand the candidate’s potential as an employee.

Educational history 

  • Recruiters can verify whether a candidate has obtained the educational qualification mentioned in their resume. 
  • An employer can determine whether the candidate is as qualified as they have mentioned by verifying their certificates for various courses.

Social life

  • You can conduct HR background checks in Mexico to understand the candidate through public information on social media sites like Instagram, LinkedIn, etc.
  • It helps the company understand the candidate’s ethics, views, likes, and dislikes, basically understanding them as a person. 

While it is crucial to perform background checks, employers must ensure they don’t hinder a candidate’s privacy. 

Information Essential for a Background Check in Mexico

An employment background check in Mexico must abide by the Federal Labor Law and the Federal Law on the Protection of Personal Data held by private parties. A background check in Mexico must also follow the principles of Personal Data Protection

An employer can request a criminal record certificate without restrictions during a background check in Mexico. 

However, for other aspects like the credit check, or financial/economic data, the employer must have written consent from the candidate for background screening. An employer must submit a privacy notice that mentions what data is required, how the company plans to process it, and so on. 

Once the employee has acknowledged the privacy notice, the employer can go ahead with data gathering. The body of the Federal Public Administration looks after the violations of the Data Privacy Law in Mexico. 

As a potential employer, you can ask for certain documents from prospective employees for verification:

  • Full name of the candidate as written in official documents
  • Date of birth as written in official documents
  • Permanent and temporary address
  • Documents supporting educational qualifications
  • Passport

Note

An employer must be aware that an employee can revoke their consent for a background screening at any point in time during the process. Therefore, an employer must be mindful that the employee is willing to go through a background check.

Process Involved in Background Checks in Mexico

There is no predefined structure that the companies need to follow for employee background screening in Mexico. It may vary depending upon the industry requirements and process followed by HR staff. A company can conduct these background checks internally or outsource this task to a global firm. 

Step 1

Ask for a criminal record certificate – A company can start by requesting a criminal record certificate that will show whether the candidate has prior convictions. 

Step 2

Get the applicant’s consent – Employers can ask for the candidate’s consent for a background check. Employers are required to send a privacy notice to prospective employees. They can ask for written consent from potential employees to protect them from future lawsuits. 

The privacy notice must contain the following elements: 

  • The identity and domicile of the employer collecting the data from the employee.
  • Whether the employer is going to use sensitive personal data like financial/economic data.
  • The reason why they require the data and its processing.
  • Measures are taken to limit the use or disclosure of data and maintain privacy wherever possible. 
  • The means by which the employee can exercise the rights of access, rectification, and/or cancellation. 
  • Where the data transfer should be made
  • The process that the employer will follow to notify the employee about changes in the privacy notice 

Step 3

Collect details you need to verify- Employers can gather information after the potential or current employee acknowledges the privacy notice. Hereafter, determine the details you need to verify the candidate’s authenticity. Ask candidates to submit the documents like educational qualification certificates, LOR, and others. Some primary details include: 

  • Educational Qualification
  • Criminal records
  • Employment history
  • Credit details or financial details
  • Social media activities

Step 4

Perform background check – After collecting all the documents and details, you must contact authorities/ institutions to run a background check. For instance, you can contact past employers to cross-check submitted salary slips and positions. 

Industries and Situations That are Most Suitable for Background Checks in Mexico

A criminal background check in Mexico is beneficial to the following employers to maintain the integrity and credibility of potential employees. 

  • Employers working in the childcare sector
  • Employers working in the education sector
  • Employers working in the healthcare sector
  • Employers working in sectors dealing with confidential information like lawyers, accountants, etc. 
  • Employers working in power plants, chemical plants, or other hazardous sectors. 
  • Employers in the business of vehicles like drivers, instructors, etc. 
  • Employers working in public-private partnership agreements 

Although these are the areas where criminal records become an essential part of the screening, a comprehensive company background check in Mexico can benefit all companies in hiring trustworthy and competent employees. 

An employer can run these background checks on temporary staff, trainees, volunteers, self-employed contractors, freelancers, etc. 

How Multiplier Helps With Background Checks

Setting up a new business in a foreign country can be challenging. Multiplier is a global PEO-EOR firm that helps with international compliant employment and reduces all risks regarding global employment and hiring. 

You can use this platform for multiple purposes like managing payments and taxes, creating competitive benefit plans according to local laws and regulations, drafting insurance plans, drafting compliant contracts, etc. 

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Frequently Asked Questions

 Employers can examine the criminal records, financial/economic data, credit reports, educational data, work experience data, references, and the employee’s information publicly on social networking platforms like Instagram, LinkedIn, etc., provided they have the employee’s consent. 

Suppose an employer is found to have violated the Data Privacy Law in Mexico by the body of the Federal Public Administration. In that case, they are vulnerable to fines as well as imprisonment.
Based on the types of violations, there are fines ranging from 100-320,000 days minimum wage in Mexico City and imprisonment for 3 months to 3 years, depending on the severity of the transgressions.

Typically it takes around 6-7 days to complete employee background screening in Mexico, depending on how extensive the research is.

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