This article by Gerardo Hernández originally appeared in the April 15, 2026 edition of El Economista.

Although it is a document that certifies the employment relationship and working conditions, 17.1 million employees in Mexico do not have an employment contract, according to the latest data from the National Survey of Occupation and Employment (ENOE). According to experts, the absence of such a contract, while not representing a waiver of rights, does pose risks for employers.

Katia Everardo, a consultant specializing in Labour Relations at the firm Abarca y Asociados, states that the absence of employment contracts is one of the most common breaches among employers.

“Employment contracts are often overlooked, perceived more as a formality than as compliance with regulations. But we are in a labour era where having an employment contract is a legal strategy for both the worker and the employer,” the specialist comments.

In February, the latest data available from the ENOE, 41.4% of all subordinate workers in the country did not have a written contract, an increase of 0.7 percentage points compared to the level observed at the end of 2025.

However, the absence of a written contract can generate greater risks for employers, explains Vanessa Díaz, director and founder of Laboral MX.

“This is an issue that benefits employers, because without an employment contract they can be subject to various controversies; for example, in a dispute with a worker there are no grounds to...

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