On September 27 and October 12 respectively, the Commissions on Labor and Social Services and Legislative Studies and the Senate, [in Spanish: las Comisiones del Trabajo y Previsión Social y de Estudios Legislativos de la Cámara de Senadores], approved the ruling that reforms Articles 76 and 78 of the Federal Labor Act [in Spanish: la Ley Federal del Trabajo], regarding holidays, both of which, if voted in favor of in a plenary session of the Senate shortly, would be as follows:
Article 76. — Employees with more than 1 year of service will enjoy a paid annual leave that will never be less than 12 working days, and will increase by 2 working days until it reaches 20, for each year of subsequent services.
From the sixth year on, holiday periods will increase by two days for every five years of service.
Article 78. — Employees must enjoy at least twelve consecutive vacation days.
The purpose of this decree is to protect, guarantee, and increase vacation time for those Mexican workers who have the right to do so, in order to generate well-being in the lives of the citizens.
Transitional articles
First: The decree will come into effect on the day after its publication in the Official Gazette of the Federation [in Spanish: el Diario Oficial de la Federación].
However, the date in which it comes into effect will be evaluated in a plenary session of the Senate.
In accordance with the draft decree, an employee in his/her first year would earn 12 vacation days. It would then increase by 2 days until it reaches 20 days, and subsequently by 2 days for every 5 years of service, as shown below:
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Years Worked
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Vacation Days
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Year 1
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12 days
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Year 2
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14 days
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Year 3
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16 days
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Year 4
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18 days
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Year 5
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20 days
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From 6 to 10 years
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22 days
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From 11 to 15 years
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24 days
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From 16 to 20 years
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26 days
|
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From 21 to 25 years
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28 days
|
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From 26 to 30 years
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30 days
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From 31 to 35 years
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32 days
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Combating workplace stress, improving the quality of life for workers, boosting productivity after leave time, among others, are some of the benefits one is expected to have with this iniciative to increase vacation days, which in turn will have a direct impact on the economy and the promotion of tourism, thereby strengthening the domestic tourism market.
The following differences and proposed amendments with their reforms to Articles 76 and 78 of the Federal Labor Act are as follows:
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CURRENT TEXT
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PROPOSED TEXT
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Article 76.- Employees with more than one year of service will enjoy a paid annual leave that will never be less than six working days, and will increase by two working days until it reaches twelve, for each year of subsequent services.
After the fourth year, holiday periods will increase by two days for every five years of service.
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Article 76.- Employees with more than one year of service will enjoy a paid annual leave that will never be less than 12 working days, and will increase by two working days until it reaches twenty, for each year of subsequent services.
From the sixth year on, holiday periods will increase by two days for every five years of service.
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Article 78.- Employees must enjoy at least six consecutive vacation days.
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Article 78.- Employees must enjoy at least twelve consecutive vacation days.
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If you have any questions, J.A. DEL RÍO can provide you with our experts to advise you in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.
