Terms and Conditions of Employment in Mexico
The ownership of the invention shall correspond to the person or persons who made it, but the employer shall have a preferential right, all other things being equal, to the exclusive use or acquisition of the invention and the corresponding patents.
In the case of a work produced as a result of an employment relationship established through an individual employment contract in writing, in the absence of an agreement to the contrary, economic rights are divided equally between the employer and the employee.
The employer may disclose the work without the employee’s authorisation, but not vice versa. In the absence of a written individual employment contract, the economic rights correspond to the employee.
Software and its documentation belongs to the employer (unless otherwise agreed), when created by one or more employees performing their duties or following the instructions of the employer.
It is the employee’s obligation to scrupulously safeguard the technical secrets (know how) and the commercial, product manufacturing, and reserved administrative matters, the disclosure of which may cause damage to the company in which the employee works.
Non-compete and exclusivity
It is not possible to include an exclusivity clause or a non-compete clause in the employment contract unless such provisions are included in the provision of services agreement.