Federal Labor Law
The days of compulsory rest are determined by the Federal Labor Law. If the workers render their services on these days, the employer must pay an extra amount to what the workers receive per day.
Almost two years after the pandemic began in Mexico , the working life has undergone modifications, while some companies already ask that their workers return to the offices, others have chosen to continue remotely or to adopt a hybrid system.
Many schools and companies or government institutions have decided to return to face-to-face activities from January 2022.
Although the activities have undergone modifications, the mandatory rest days have not, since these days are stipulated and endorsed by the Federal Labor Law .
According to Mexican law, employees count with nine days of compulsory rest. Two of the nine days will not apply in the year 2022, since one corresponds to the transmission of the Federal Executive Power, every six years and another for ordinary elections.
These will be the mandatory rest days for 2022:
- On January 1, which this time will fall on Saturday.
- On Monday, February 7 in commemoration of the Day of the Mexican Constitution (February 5).
- On Monday, March 21, in commemoration of the birthday of Benito Juárez.
- On Sunday, May 1, in commemoration of Labor Day.
- On Friday, September 16, in commemoration of Mexico’s Independence Day.
- On Monday, November 21, in commemoration of the beginning of the Mexican Revolution (November 20 ).
- Sunday December 25 for celebrations of Christmas.
If the attendance of the workers is necessary on the dates set as mandatory rest for 2022, the Federal Labor Law indicates that the employees must reach an agreement with the workers to determine the number of people who must present themselves to work, if an agreement is not reached, it will be the Court who will decide.
In the event that workers work on these dates, the law determines that they have the right to be paid what triple the salary they receive per day.
If the employer does not pay its workers the specified amount, article 1000 of the Federal Labor Law indicates that, in the face of a prior complaint from those affected , the employer will be sanctioned with a fine ranging from 250 to 5000 times the general minimum wage.
Rest days not mandatory
There are other days that, although they do not represent a mandatory rest by law, but these can be granted to workers if they reach an agreement with their employers. Non-mandatory rest days are:
- Holy Thursday
- Holy Friday
- Easter Sunday
- Commemoration of the Battle of Puebla
- Mother’s Day
- Father’s Day
- Dead
- Day of the Virgin de Guadalupe
- Christmas Eve
Days when there are no classes in SEP schools
The Ministry of Public Education determines in its calendar for the 2021-2022 school year that the days on which activities will be suspended this year will be:
- Thursday, January 6 : Suspension of teaching work for the Day of the Magi.
- Monday, February 7: Suspension of teaching work for the Mexican Constitution Day (February 5).
- Friday, February 25: School Technical Council.
- Monday, March 21: Suspension of teaching work due to the commemoration of the birth of Benito Juárez .
- Friday April 29: School Technical Council.
- Thursday, May 5: Suspension of teaching work for the anniversary of the Battle of Puebla.
- Friday, May 27: School Technical Council.
- Friday June 17: Administrative discharge.
- Friday June 24: School Technical Council.
- Thursday July 28: End of courses.
- Friday, July 29: Administrative discharge.
Friday, January 28: School Technical Council.
Friday, March 25 : School Technical Council.
The holidays granted by the SEP for the year 2022 will be:
- From Monday, April 11 to Friday, April 22 (12 days). Easter period.
What days will banks suspend activities in 2022?
Financial entities subject to supervision by the National Banking and Securities Commission (CNBV) will close its doors and suspend operations on the following days:
- Monday, February 7: For the Mexican Constitution Day (February 5)
- On Monday, March 21: Commemoration of the birth of Benito Juárez.
On 1 January, May 1 (Labor Day) and December 25 (Christmas), which fall on Saturday and Sunday (stipulated days of stoppage of operations) by provision, entities must not open either.
Vacation days for Mexican workers
Workers who have more than one year of service will enjoy an annual period of paid vacation, which according to the law, in no case may be less than six working days. In turn, two business days will be increased, up to 12, for each subsequent year of service.
According to the law, from the fifth year of service, they will be increased two days of vacation for every five years of service.
In the case of people who work seasonally, the vacation period will be granted in proportion to the number of days worked in the year.
The six days granted by law as a vacation period for workers has positioned Mexico as one of the world’s economies with fewer days off for its workforce. The country is positioned below Cuba, Panama and Nicaragua , where they offer up to 30 days from the first year of work.
How to calculate the vacation premium?
The vacation premium is an amount of money in addition to the salary that is paid so that the workers enjoy vacations, that is, those minimum six days granted by law per year.
The amount of the vacation premium depends on the worker’s daily salary and vacation days that correspond to you according to your years worked in the place where you are employed.
To calculate the vacation premium, first you must know the daily salary that is received, this amount must be multiplied by the days of vacation to which you are entitled, and then multiply the amount that resulted by .25.
If the employee does not receive the payment, he can go to the Profedet where you will be provided free and personalized legal advice.
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