Not long ago we had the opportunity to talk with an expert lawyer in hiring and especially in something that we can understand as "labor shielding". 

Although it sounds strong, if you are a restaurant owner and you are reading this, you probably agree with us: the issue of hiring and staff turnover can be a big headache.

Lawyer and Mtro. in Private Law, José Miguel Hernández With more than 10 years of experience in the Labor Law area, Lawyer Hernández has worked with companies such as Petróleos de México (Pemex) and TV Azteca.

He has advised these and more than 90 other companies, especially on issues related to the processes of the Ministry of Labor and Social Security (STPS) and the Mexican Institute of Social Security (IMSS).

Since the beginning of his career, he has had the opportunity to share his knowledge with others, this is how he became certified in the Delivery of Training Courses and in recent years he has been an independent consultant.

With this great track record, it is no surprise that we invited Attorney Hernández to share his hiring experiences with us! Read on to learn more about it ...

Key issues for effective restaurant recruitment

• Working relationship. This should be understood as the provision of work through subordination and through the payment of a salary (regardless of whether it is a hiring for fees, assimilates, etc.).
• Individual employment contract. Not having a contract does not mean that there is no Labor Relationship. However, this document is a mandatory requirement before the STPS and, as if that were not enough, if it does not have it, the restaurant entrepreneur is unprotected before a labor demand.
  Another aspect to take into account is that contracts can have several modalities: per project / completed work or for a specific time, for example.
• Contract periods. Although these hiring periods are limited, they are an excellent idea to protect hiring depending on the personnel needs you have at a certain moment: for example, if you need to hire a specialized pastry chef, you could do so through a trial period of up to 180 days.
• Discrimination in hiring processes. Although you may not identify yourself or do not tend to have bad practices on the subject, you have to follow very closely what is defined as “discrimination” in Article 3 of the Federal Labor Law.

Which of these issues do you currently take into account when hiring staff in your restaurant? Don't miss our recent full Webinar with Attorney Hernández, "Effective hiring in restaurants”, To avoid penalties as well as loss of time, productivity and money.