Article 39-A Federal Labor Law
TITLE TWO. Individual Employment Relationships · CHAPTER II. Duration of employment relationships
Current text · last reform published in the Official Gazette of the Federation (DOF) on 14 May 2026
In the employment relationships for an indeterminate time or when they exceed one hundred eighty days, a trial period may be established, which may not exceed thirty days, with the sole purpose of verifying that the employee meets the requirements and knowledge necessary to develop the work that is requested.
The trial period referred to in the preceding paragraph may be extended up to one hundred eighty days, only when it concerns employees for positions of direction, managerial positions and other persons who exercise functions of direction or administration in the company or establishment of a general character or to perform specialized technical or professional labors.
During the trial period the employee shall enjoy the wage, the guarantee of social security and the benefits of the category or position that he performs. At the end of the trial period, if the employee does not prove that he satisfies the requirements and knowledge necessary to develop the labors, in the judgment of the employer, taking into account the opinion of the Mixed Commission for Productivity, Training and Instruction (Comisión Mixta de Productividad, Capacitación y Adiestramiento) in the terms of this Law, as well as the nature of the category or position, the employment relationship shall be terminated, without liability for the employer.