Understanding Employee Mental Health Regulations in Mexico
Discover how mental health regulations in Mexico impact employers and how to stay compliant when managing a workforce, especially through an EOR.
The conversation around mental health in the workplace is evolving globally, and Mexico is no exception. With rising awareness and increasing regulation, companies must understand how to address employee mental well-being, not just ethically but legally. This is particularly important for businesses expanding into Mexico using an Employer of Record (EOR) model.
Why Mental Health is a Legal Priority in Mexico
n recent years, the Mexican government has introduced several initiatives to prioritize mental health at work. The most significant is NOM-035-STPS-2018, a regulation enforced by the Ministry of Labor and Social Welfare (STPS). It mandates that employers identify and prevent psychosocial risk factors in the workplace.
Key obligations under NOM-035 include:
- Evaluating psychosocial risks such as stress, harassment, or workplace violence
- Creating preventive policies and procedures
- Providing training and access to mental health support
- Maintaining records and documentation for compliance audits
What Employers Must Know
Whether you operate directly or through an EOR in Mexico, your company is responsible for compliance with NOM-035. Failing to comply can result in fines, employee dissatisfaction, and reputational harm.
Employers must:
- Establish mechanisms to report and address psychosocial risks
- Monitor working conditions and promote a healthy environment
- Offer counseling or professional help when necessary
If you’re using an EOR in Mexico, ensure the provider incorporates NOM-035 policies into its HR management. Here’s how Global Touch ensures compliance with local labor standards.
Cultural Attitudes Toward Mental Health
Another aspect to consider is the cultural context. In Mexico, discussing mental health has historically been stigmatized. However, attitudes are changing, particularly among younger generations who value emotional wellness.
Businesses that foster open conversations about stress, burnout, and work-life balance are more likely to attract and retain top talent. Learn more about why your HR and finance teams should collaborate.
Global Relevance, Local Action
Mental health initiatives in Mexico are part of a broader trend seen in markets like Canada, the UK, and Australia. For example, WHO has emphasized the economic impact of ignoring employee mental wellness.
For globally expanding teams, this means adapting internal policies to each country’s framework. When hiring in Mexico, your EOR must not only manage payroll and contracts but also integrate mental health compliance.
Final Thoughts
Understanding and supporting mental health in the workplace is no longer optional. In Mexico, it’s a legal and operational necessity. With the right EOR partner, your company can stay compliant, care for your workforce, and position itself as a responsible employer.
