Non‑compete and related agreements: Mexico
Table of contents
This country note summarises key findings on non-compete and related clauses for Mexico, based on Chapter 5 of the OECD Employment Outlook 2026, which provides the first comparative analysis of their use, regulation, and links with wages and productivity across 15 OECD countries.
Job mobility is essential for efficiency and equity – enabling structural adjustment, better worker – firm matching, knowledge diffusion, and stronger worker bargaining power – but it is increasingly constrained by the expanded use of non-compete and related agreements across OECD countries. While some post-employment restraints legitimately protect trade secrets, client relationships, or training investments, growing evidence suggests they are often overused, limiting worker mobility, wage growth, and innovation. These restraints typically take two forms. First, long‑standing contractual non‑compete clauses in individual employment agreements, traditionally regulated to balance employer interests with workers’ occupational freedom. Second, firm‑to‑firm no‑poaching or wage‑fixing agreements – which restrict labour market competition through employer co‑ordination – are coming under increasing scrutiny from competition authorities in OECD economies.
This note highlights the main findings for Mexico from the first cross‑country, employee‑ and employer‑level surveys of non‑compete and related clauses – see Box 1. The full analysis and policy discussion are presented in Chapter 5 of the OECD Employment Outlook 2026.
The OECD and Bocconi University jointly designed and implemented harmonised employee‑ and employer‑level surveys to assess the prevalence and characteristics of non‑compete and related clauses across 14 OECD countries (15 for the employer survey), building on methodologies used in comparable studies in the United States, Australia and Italy. Fielded by Ipsos in mid‑2025, the employee survey was conducted online (CAWI) and covered private‑sector workers aged 18‑64 using a general population sample representative of the entire country complemented by a targeted boost sample of workers with non‑compete clauses, yielding nearly 32 000 responses (2 258 in Mexico) and enabling both incidence measurement and in‑depth analysis of clause content. Importantly, the survey targets all private sector workers, not only formal employees, including those without a written contract. This is particularly relevant in Mexico, where labour market informality is high. The employer survey was fielded by phone (CATI) and targeted contract‑ and HR‑responsible respondents in for‑profit firms with five or more employees in all regions, using stratified random sampling by firm size and sector and a mixed employee‑ and firm‑proportional allocation to ensure representativeness of both the workforce and the firm population, resulting in over 6 000 firm responses (406 in Mexico) covering more than 1.4 million employees. The two surveys rely on independent sampling frames and are not linked at the firm level. Both surveys included pilot testing, post‑stratification weighting, and extensive quality controls, and while standard survey limitations apply, neutral survey framing and very low drop‑out rates suggest that selection and response biases are limited.
Non-compete and related clauses are relatively common in Mexico. According to employers, between 23% and 39% of private‑sector employees are currently bound by a non-compete clause compared to an average of 20% to 30% across the OECD countries covered by the survey (Figure 1, Panel A). Results from the employee survey confirm a high prevalence: 17% of workers in the private sector (covering both formal or informal ones) report being bound by a non-compete clause, with an additional 19% who believe they “probably” are, compared to an average of 15% and 21% across the OECD countries covered by the survey (Figure 1, Panel B). The high prevalence of non-compete clauses is particularly concerning given that such clauses are considered generally unenforceable under constitutional law because they infringe individuals’ fundamental right to work – see Box 2.
Note: Both employees and employers were offered graded response options (“definitely yes” / “probably yes” / “probably no” / “definitely no”) alongside a distinct “don’t know” category, allowing respondents to express uncertainty. Estimated incidence rates are similar across many countries, and differences between countries with comparable estimates fall well within the associated margins of error. As a result, the precise country ranking should not be interpreted as definitive. Nevertheless, meaningful cross‑country variation does emerge: using 95% confidence intervals, the estimated incidence in the top three countries is significantly higher than in the bottom three, indicating robust differences at the extremes of the distribution. For a detailed explanation of how the incidence rates are calculated, see Figure 5.4 in Chapter 5 of the OECD Employment Outlook 2026.
Source: OECD-Bocconi employer and employee surveys on non-compete and related clauses.
International evidence places the findings for Mexico in context: in the United States, non-compete clauses are common even in states where they are formally banned. Yet, what shapes behaviour is often not actual enforceability but workers’ perceptions about the likelihood of enforcement – the so-called “in terrorem” or chilling effect. Consistently, the survey finds that, across the countries included in the survey, the share of employees who report they would not violate a non-compete clause is high (over 40%) even among those covered by a clause that is unlikely to be upheld in court, while employees with potentially valid clauses are much more likely to report having been prevented from moving to another job.
Beyond non-compete clauses, non-disclosure agreements (NDAs) are by far the most common form of restraint in Mexico like in the OECD countries (Figure 2): employers report that 58% of private‑sector employees are covered by an NDA compared to an average of 55% across the countries covered by the survey. Other restrictive clauses are also relatively common: according to employers, 32% of employees are covered by a non-solicitation of clients clause (vs. 22% on average), 23% by a repayment of benefits or bonuses clause (vs. 17% on average), 23% by a non-solicitation of colleagues clause (vs. 15% on average), and 25% by a training-cost repayment clause (vs. 16% on average). Importantly, firms in Mexico like in the other OECD countries report an upward trend: significantly more employers declare having increased than decreased the use of each type of clause over the past five years, suggesting growing reliance on contractual restrictions in Mexican labour markets.
Source: OECD-Bocconi employer survey on non-compete and related clauses.
These clauses are often used in bundles and applied indiscriminately across the workforce: among firms using non-compete clauses, 44% apply them to all employees, regardless of role or seniority; for NDAs, the share rises to 51%.
To capture the stringency of national (and, where relevant, subnational) regulations governing non-compete clauses, the OECD developed a policy index that measures: i) the regulatory framework (who regulates non-compete clauses – the law, courts, or collective agreements – and what is regulated); ii) the terms of exchange (e.g. any compensation requirements for signing non-compete clauses); and iii) the procedural requirements, judicial modification powers, validity after dismissal and sanctions for overly broad agreements. Each dimension is scored and weighted, with higher overall values indicating a more employer-friendly regime in which non-compete clauses are more likely to be upheld.
Among OECD countries, Mexico is one of only two, alongside Colombia, where non-compete clauses are more stringently regulated, as illustrated in Figure 3. They are considered unenforceable under constitutional law because they infringe individuals’ fundamental right to work. However, as in many other countries, employers face no sanctions for including such clauses in employment contracts.
Higher values indicate that non‑compete clauses are more likely to be upheld in court (i.e. a regime more favourable to companies)
Note: The index measures the restrictiveness of non-compete clause regulations on a 0‑700 scale, where higher scores indicate more employer-friendly (less restrictive) environments. The OECD index scores nine legal dimensions: (1) Statutory regulation (whether legislation governs non‑compete clauses and, if so, the maximum duration, and geographic and sectoral scope) with weight 10; (2) Collective agreements (whether sectoral or firm‑level CBAs add limits or conditions beyond law) with weight 5; (3) Employer’s protectable interest (how broadly “legitimate interests” are defined) with weight 10; (4) Compensation (if monetary compensation is required and any minimum threshold) with weight 5; (5) Changes during employment (whether a new clause after hiring needs fresh consideration) with weight 5; (6) Burden of proof (the elements that an employer needs to bring an employee to court) with weight 5; (7) Judicial modification, also called “blue pencilling” (courts’ power to narrow overbroad clauses) with weight 10; (8) Dismissal (if the clause can be used even in the case of dismissal) with weight 10; (9) Sanctions (whether employers face penalties for using invalid clauses) with weight 10. The score for Canada excludes the province of Ontario which is evaluated separately.
Source: Andrews et al. 2026, “The regulation of non-compete clauses across OECD countries”, OECD Social, Employment and Migration Working Papers No. 332, https://doi.org/10.1787/88e3eb6e-en.
In line with the original intent, the prevalence of non-compete clauses is highest among managers and professionals, increases with earnings and access to confidential information, and appears more frequently in large firms and knowledge‑intensive sectors. However, the surveys show that in Mexico as in several other OECD countries, non-compete clauses have spread into parts of the labour market where the traditional justification – protecting sensitive information or high-value investments – appears weak or absent. In particular, Figure 4 shows that:
Between 10% and 28% of workers with no access to confidential information nonetheless declare having signed a non-compete clause (between 11% and 27% on average in the other countries covered by the survey).
Between 17% and 38% of workers on fixed-term contracts report a non-compete clause (between 19% and 45% on average in the other countries covered by the survey).
Between 20% and 37% of low-pay workers (earning less than MXN 6 500 per month, broadly the bottom 10% of the labour income distribution) are covered (between 12% and 27% on average in the other countries covered by the survey).
Between 14% and 32% of workers in non-managerial/non-professional occupations report being bound by a non-compete clause (between 13% and 31% on average in the other countries covered by the survey).
Share of employees bound by non-compete clauses, by type of employee
Source: OECD-Bocconi employee surveys on non-compete and related clauses.
The survey evidence also raises concerns about the potential presence of firm-to-firm no-poaching and wage‑fixing agreements, which are generally illegal under competition law. No-poaching agreements involve employers agreeing not to recruit each other’s employees. Wage‑fixing agreements involve employers agreeing to set wages or other compensation at certain levels.
In light of the sensitive nature of these questions, the employer survey did not ask firms directly whether they engaged in these practices. Instead, respondents were asked whether they were aware of such practices in their industry. The results in Figure 5 suggest they may be more prevalent than expected: about 54% of surveyed firms report knowledge of either no-poaching, wage‑fixing, or both occurring within their industry compared to 48% on average across the surveyed countries. This does not imply that 54% of firms engage in these practices themselves, but high reported awareness suggests that such practices may not be isolated occurrences, particularly in service sectors.
These findings, while at this stage essentially suggestive, align with the increasing attention that competition authorities around the world are devoting to labour market conduct.
Share of companies reporting knowledge of no-poaching or wage‑fixing agreements in their industry
Note: Responses to the questions “Are you aware of any companies in your industry entering into agreements not to hire each other’s employees?” (interviewer could specify “also known as no-poaching agreements”) and “Are you aware of any companies in your industry entering into agreements to fix employees’ salaries or other employment benefits?” (interviewer could specify “also known as wage-fixing agreements”).
Source: OECD-Bocconi employer survey on non-compete and related clauses.
Contact
Dan ANDREWS (✉ dan.andrews@oecd.org).
Andrea GARNERO (✉ andrea.garnero@oecd.org).
Sara HOLTTINEN (✉ sara.holttinen@oecd.org).
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