A labor-law perspective on the rise of self-checkout systems
Self-checkout counters have ceased to be a novelty and are fast becoming the norm across much of Mexican retail. Supermarket chains are rolling out self-payment modules, “smart carts,” and cameras that monitor every scan; and, at the end of the aisle, one often finds an “inspector” ensuring that the consumer has “done their job properly.” The prevailing public sentiment—echoed more and more on social media—is that retailers are cutting payroll and avoiding social security obligations, all while the customer takes on a share of the operational workload.
What’s Happening on the Retail Floor
In 2024–2025, supermarkets in Mexico accelerated the rollout of self-checkout technologies and “smart carts.” La Comer, for instance, introduced RFID-equipped carts that allow customers to scan, weigh, and pay without a cashier, first tested at Fresko La Herradura (State of Mexico).
At the same time, self-checkout stations have proliferated in formats such as Walmart and Bodega Aurrerá, paired with video surveillance and staff designated to monitor the flow and resolve issues—the so-called “self-checkout assistants.” Consumer reports point to cameras installed above each checkout and to strategic adjustments in loss-prevention policies.
The shift carries collateral effects on tasks traditionally performed by humans. An international report featuring testimonies from Mexico highlighted the reduction of opportunities for senior baggers—who worked under volunteer arrangements—as self-checkout and other post-pandemic retail changes expanded.
Does the Customer “Work” for the Store? What the Law Says
Mexico’s Federal Labor Law (LFT) is explicit: An employment relationship exists when a person performs subordinated personal work in exchange for a wage (Article 20). In the case of self-checkout, the consumer receives no remuneration and is not subject to hierarchical subordination; the acts performed fall within the scope of a consumer relationship, not an employment relationship. Therefore, the customer is not a worker, and no labor rights (such as wages, social security, or unionization) arise from using a self-checkout system.
By contrast, individuals employed as self-checkout assistants or supervisors are indeed in an employment relationship with the store, and their conditions are governed by the LFT and, where applicable, by a collective bargaining agreement.
The Legal Limit: Control Has Boundaries
Even if the customer is not a worker, retailers cannot treat them as employees under coercive surveillance. Mexico’s Federal Consumer Protection Law (LFPC) prohibits suppliers from engaging in actions that threaten the consumer’s freedom, safety, or integrity “under the pretext of inspection or inquiry” (Article 10). For this reason, PROFECO has instructed retailers to halt the blanket practice of ticket checks at store exits; such reviews are only permissible when there is a justified cause (for example, in cases of flagrancy). The authority has issued fines and criteria on the matter.
In 2024–2025, various media outlets echoed this stance: customers are not legally required to show their receipt without cause, and detaining a consumer can result in administrative sanctions.
Surveillance and Personal Data
The rise of self-checkout has been accompanied by video surveillance and data analytics designed to curb “losses.” In Mexico, the use of cameras is permitted but regulated under the Federal Law on the Protection of Personal Data in Possession of Private Parties. Retailers must disclose the purposes and legal grounds for data processing and safeguard the information; failure to do so exposes them to sanctions from the INAI (or its successor authority).
The Social Angle: Senior Baggers and “Volunteering”
The removal of senior citizen baggers sparked debate: was it the loss of jobs or the end of a volunteer service? Official documents from INAPAM clarify that their role was that of “volunteer baggers” —not employees— under agreements with supermarket chains. After the pandemic, many such arrangements were canceled, renegotiated, or only partially reinstated. With the expansion of self-checkout, demand for this function continues to decline, even if the role remains legally classified as volunteer work.
Is There “Outsourcing” to the Consumer?
From a labor law perspective, no: without wages or subordination, there is no employment relationship (Article 20, LFT). From a consumer law standpoint, however, one could argue that operational burdens are being shifted onto the customer—scanning, weighing, and bagging—triggering heightened duties of disclosure and a prohibition on abusive practices under the LFPC. Any attempt to condition a customer’s exit on a generalized “approval check,” beyond legally justified cases, runs contrary to the LFPC and may result in sanctions.
Conclusion
Beyond the ironies, self-checkout does not create an employment relationship between customer and retailer. What it does is reshape the shopping experience and displace tasks once performed by staff. Consumer protection and data privacy frameworks set clear boundaries: There is no obligation to show a receipt without cause, customers cannot be unlawfully detained, and video surveillance must comply with the law. As these technologies expand, they call for clear communication, respectful protocols, and policies that mitigate the impact on vulnerable groups.
AUTHOR
Jorge Sales Boyoli is one of the most influential labour lawyers in labour matters in Mexico and in the T-MEC region. An expert in negotiation and resolution of labour and union disputes, he has contributed to creating stability and labour peace with a large number of employers in Mexico, the United States and Canada, contributing to the generation of sources of work in trends such as nearshoring and outsourcing (today the provision of specialised services).
With extensive experience in highly complex labour litigation and a strategic vision in consulting, he is currently managing partner of the firm Sales Boyoli Abogados Laborales, founded more than twenty years ago and positioned as one of the leading firms and the one that best combines a deep knowledge of the Mexican market with experience in labour matters and an excellent positioning with the labour authorities.
