Today, the three main issues that concern most HR startups with operations in Mexico are the following:
1. Granting of
stock options
to employees in Mexico
The option to purchase shares, a benefit known as stock options, are a complex benefit that is commonly given by startups to their key employees. They are a type of equity compensationsince it allows the employee to buy a specific number of shares of the startup at a predetermined and preferential price.
Now, generally stock options are granted by the parent company of the startup located in the United States, through a contract called Stock Option Grant. The foregoing creates interesting and particular challenges for startups that provide this benefit to their workers in Mexico.
On the one hand, once the startup enters its maturation stages, disputes may arise over the stock options between startups and their employees, which translates into a potential international controversy, since the employee can claim their stock options to the Mexican company or to the parent company of the startup located in the United States, so the defense strategy of the companies must adopt an international and complementary perspective.
On the other hand, the administration of these benefits tends to be complex to the extent that more employees join said compensation plan, so the startup must maintain a rigorous planning and record on their granting, always considering the fiscal impact it generates. for the company at the time they are paid.
2. Teleworking modality (
home office
)
Startups were the sector with the most adaptability to the home officeeven before the pandemic related to covid-19.
However, with the recent publication on June 8 of this year by the Ministry of Labor and Social Welfare of NOM-037-STPS-2023, the obligations for employers indicated in Chapter XII of the Federal Law are complemented. of Labor in terms of teleworking, so startups must observe a more complex regulatory compliance than the one that existed a few years ago.
Among these are those related to ensuring safety and health conditions for employees under the teleworking regime, including the supervision of the good condition of electrical installations, as well as having teleworking policies and annexes to the employment contract.
Something important to consider is that there are numerous startups with collaborators in home office who reside in other regions of the country. In this sense, when a labor conflict arises, the employee can initiate it from the state of the Republic where his domicile is located, forcing the startup to take the dispute outside the place where the main workplaces are located, which implies that now companies should seek legal services from firms with a national presence.