Mexican Labor Law: Mandatory Rest Days, Vacations, and Wages

Mandatory Rest Days

These are days designated by law where employees are not required to work, often coinciding with national civic events.

Official Rest Days

• 1 January
• First Monday of February (commemorating 5 February)
• Third Monday of March (commemorating 21 March)
• 1 May
• 16 September
• Third Monday of November (commemorating 20 November)
• 1 December of every 6 years (Federal Executive Power transition)
• 25 December
• Days determined by federal and local electoral laws for elections

Annual Holidays

Employees are entitled to an annual period of consecutive paid rest days. This entitlement increases with years of service and includes a mandatory vacation premium of at least 25% of the wages due during the vacation period.

• Workers must enjoy at least 6 days of continuous holiday.
• Discontinuous or seasonal workers have the right to an annual holiday period proportional to the number of days worked in the year.
• Vacations cannot be compensated with money; they must be taken as time off.
• If the employment relationship ends before the completion of a year of service, the employee is entitled to proportional remuneration.
• Holidays must be granted to employees within 6 months of the year following the completion of their service.

Salary

Salary is the compensation paid by the employer to the worker for their services.

Methods of Wage Calculation

• A) By Time Unit: Calculated based on the time spent at work (e.g., hour, day, week, fortnight, or month). This is the most common method.
• B) By Work Unit or Piece: Calculated based on the number of units produced or tasks completed.
• C) By Commission: The worker receives a percentage of each operation performed.
• D) By Fixed Price: The worker receives a fixed amount for completing a specific global task.

Integration and Payment of Wages

Salary integration consists of payments made in cash, daily fees, bonuses, premiums, commissions, and benefits in kind. Key regulations include:

• Equal Pay: Equal work performed in the same position, schedule, and efficiency must receive equal pay.
• Direct Payment: Wages must be paid directly to the employee, unless they are unable to do so, in which case a power of attorney signed by the worker and two witnesses is required.
• Freedom of Disposal: Workers have the right to freely dispose of their wages.
• Legal Tender: Salary must be paid in cash using legal tender. It cannot be paid in merchandise, vouchers, or cards intended to replace currency.

Aguinaldo (Year-End Bonus)

Workers with one year of service or more have the right to an annual Aguinaldo. This must be paid before December 20 and is equivalent to at least 15 days of salary.