What Does Mexico’s Federal Labor Law Say About Electronic Signatures?

One of the most common concerns regarding electronic signatures is their validity, legal recognition, and areas of application. This article clarifies the legal framework for electronic signatures in Mexico’s labor sector, helping businesses ensure compliance with local regulations.

While electronic signatures might seem like a new and complex concept, Mexico has legally recognized them for over two decades. The first regulatory framework for electronic transactions was introduced in the Commercial Code reform published in the Official Gazette of the Federation (DOF) on May 29, 2000.

Later, in 2012, Mexico passed the Advanced Electronic Signature Law (LFEA), based on two model laws issued by the United Nations Commission on International Trade Law (UNCITRAL): one on electronic commerce and another on electronic signatures. Since then, electronic signature regulations have evolved, extending into the labor sector.

How Does the Federal Labor Law (LFT) Regulate Electronic Signatures?

Mexico’s Federal Labor Law (LFT) governs all employment relationships in the country. This federal law establishes the rights and obligations of both employers and employees, ensuring compliance with labor regulations.

Critically, the LFT recognizes the validity of electronic signatures in labor-related documents and legal proceedings. This means electronic signatures can serve as evidence in court and are considered legally binding when used to sign employment contracts, payroll receipts, and other labor documents.

Below are the key legal provisions confirming the validity and enforceability of electronic signatures under Mexican labor law:

LFT Article 776:

“All types of evidence that are not contrary to morality or the law are admissible in legal proceedings, including photographs, films, fingerprint records, audio and video recordings, and digital technologies such as IT systems, optical media, fax, email, digital documents, electronic signatures, or passwords, as well as any other technological means provided by scientific advancements.”

LFT Article 836-B:

“For the evaluation of electronic evidence, the following definitions apply:

• Electronic Signature: A set of electronic data linked to a digital message, used to identify the signatory and confirm approval of the information contained in the document.
• Advanced Electronic Signature: A unique set of encrypted characters that allows secure identification of the signer in electronic documents. This signature, using a digital certificate and private key, holds the same legal weight as a handwritten signature.”

Why Is This Important for U.S. Businesses Operating in Mexico?

In Mexico, electronic signatures are legally recognized for signing all employment-related documents, making digital employee records a growing trend. Traditional paper-based records are being phased out due to security risks, inefficiency, and lack of standardization.

To ensure compliance with Mexican labor law, U.S. businesses operating in the country must use a reliable electronic signature solution that meets the standards of an Advanced Electronic Signature (FIEL).

How Can Sora Help?

Sora is a comprehensive digital employee records solution that incorporates advanced cryptographic technology, ensuring its signatures meet the legal requirements of Mexican labor law.

Documents signed with Sora’s cryptographic electronic signature hold full legal presumption, meaning they are legally presumed valid unless proven otherwise by the opposing party.

With Sora, businesses can:

✔ Digitally sign and send employment contracts, payroll receipts, and other HR documents
 ✔ Create and manage fully compliant digital employee records
 ✔ Track signature completion rates in real time
 ✔ Securely store and classify documents in the cloud

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