For many foreigners working in Mexico, understanding local labor rights can be crucial for their well-being and job satisfaction. One of the fundamental aspects in this regard is vacation time, a right enshrined in the Federal Labor Law (LFT) that guarantees paid periods of rest for Mexican workers. Here we offer you a detailed summary of what you need to know about this topic:
The law establishes…
Based on the provisions of the Federal Labor Law of Mexico, the following is indicated:
Article 76
Workers who have more than one year of service will enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which will increase by two working days, up to twenty, for each subsequent year of service. From the sixth year onwards, the vacation period will increase by two days for every five years of service.
Article 77
Workers who provide discontinuous services and seasonal workers will be entitled to an annual vacation period, in proportion to the number of days worked in the year.
Article 78
From the total period corresponding to them according to the provisions of article 76 of this Law, the worker will enjoy at least twelve continuous days of vacation. This period, at the discretion of the worker, may be distributed in the form and time required.
Article 79
Vacations cannot be compensated with remuneration. If the employment relationship ends before the year of service is completed, the worker will be entitled to remuneration proportionate to the time of service provided.
Article 80
Workers will be entitled to a premium of not less than twenty-five percent on the wages corresponding to them during the vacation period.
Article 81
Vacations must be granted to workers within six months following the completion of the year of service. Employers will annually provide their workers with a certificate containing their seniority and, according to it, the vacation period to which they are entitled and the date on which they must enjoy it.
Right to Vacations:
According to Chapter IV of the LFT, workers who have completed more than one year of service are entitled to an annual period of paid vacations. This period cannot be less than twelve working days and increases by two working days for each additional year of service, up to a maximum of twenty days. Additionally, from the sixth year of service, two days of vacation are added for every five years worked.
The Dignified Vacations reform, implemented in 2023, grants greater flexibility to workers regarding the distribution of their vacation days. Although at least twelve consecutive days of rest are guaranteed, workers have the option to distribute this period according to their needs and preferences, always in agreement with their employer.
Premium and Vacation Payment
It is important to note that during the vacation period, workers are entitled to a premium of not less than twenty-five percent on the corresponding wages. This ensures additional income during the rest period, contributing to maintaining financial stability during vacations.
The process for requesting and enjoying vacations varies according to the policies and calendar of each company. However, the Law establishes that vacations must be granted within six months following the completion of the year of service. It is essential that workers negotiate their vacation days with their employer and that they are granted within the time established by law.
It is important to consider that vacations cannot be compensated with monetary or in-kind remuneration. They are designed to be enjoyed and provide adequate rest to workers. In case the employment relationship ends before the year of service is completed, the worker is entitled to proportional remuneration for the time worked.
Gradual Increase and Maximum Days
The Dignified Vacations reform also introduced significant changes regarding the gradual increase and maximum days of vacation. Previously limited to 10 days after five years of service, now workers can enjoy up to 20 days of annual rest.
Vacations are an inalienable right for all workers in Mexico, including expatriates. Thanks to the Dignified Vacations reform, implemented in 2023, conditions have been improved and flexibility has increased regarding the duration and distribution of rest periods. It is essential that workers know and exercise their rights in this regard, ensuring an adequate balance between work and personal life.
“Vacations used to be a luxury, but in today’s world, they have become a necessity.”
– Anonymous –
