Mandatory Rest Days in Mexico: An Overview of the Federal Labor Law
The Federal Labor Law (FLL) in Mexico acknowledges several mandatory rest days, which are holidays when no work is required. The legislation outlines nine federal holidays, seven of which recur annually and two are linked to electoral processes and the transfer of executive power.
November 17 is indeed a mandatory rest day, as per the FLL. This stems from the 2006 reform, which shifted the November 20 holiday (Mexican Revolution Anniversary) to the third Monday of the month.
What Happens if You Work on November 17?
The FLL also ensures workers’ right to double additional pay on top of their regular wages, often referred to as triple pay.
“Workers are not obligated to work on their rest days. If this rule is violated, the employer must pay the worker, regardless of their entitled wage for that day, double pay for the services rendered,” states Article 73 of the Federal Labor Law.
For instance, if someone earns a daily minimum wage (278.80 MXN), and works on November 17, they should receive their regular wage plus an additional 557.60 MXN (double pay). Consequently, for that workday, the employer would pay a total of 836.40 MXN.
The law also imposes penalties for non-compliance, with fines ranging from 5,675 to 565,700 MXN for employers. The fine amount depends on factors such as the severity of the violation, resulting damages, and the company’s recidivism. The amount can be determined per affected worker.
For the remainder of the year, there is only one federal holiday for workers: December 25. This is the only legal opportunity to take a rest day until then.
It’s crucial to note that these dates outlined in the FLL are in addition to vacation days; thus, when a worker rests on a federal holiday, it should not be deducted from their earned vacation time based on their company seniority.
Seven out of Ten Work on Holidays
According to the OCC’s Labor Thermometer survey, at least 71% of people have worked on a holiday at some point. Only 29% claim they’ve never had to work on a federal holiday.
Among those who have worked on a mandatory rest day, more than half have done so sporadically, and 16% admit they had no choice; their employer made the decision.
Regarding additional pay for working on rest days, there’s a considerable awareness of the right, with seven out of ten workers knowing about the legal framework. However, 37% believe the available information could be improved.
The employment platform emphasizes that holidays offer an opportunity to rest and recharge, as well as commemorate historical events.
“Ensuring the right to mandatory rest days is not just a legal obligation for companies but a strategic investment with long-term benefits. Companies prioritizing employee well-being and rights foster a healthy, loyal, committed, and efficient workforce, ultimately impacting the organization’s success and sustainability,” the online job board states.
Key Questions and Answers
- What are mandatory rest days in Mexico? Mandatory rest days, as per the Federal Labor Law, are holidays when no work is required. There are nine federal holidays, seven recurring annually and two linked to electoral processes and executive power transfers.
- What happens if I work on a mandatory rest day like November 17? According to the FLL, workers aren’t obligated to work on their rest days. If this rule is violated, employers must pay double the regular wage for that day.
- What is the additional pay for working on a rest day? The additional pay is double the regular wage for that workday.
- What are the penalties for violating rest day rules? Employers who violate these rules may face fines ranging from 5,675 to 565,700 MXN, depending on the severity and other factors.
- How many federal holidays are there for workers in a year? There are only two federal holidays for workers in a year: December 25 and November 17 (third Monday if it falls on a weekend).
- Are rest days deducted from vacation time? No, rest days are in addition to vacation days, and should not be deducted from earned vacation time based on company seniority.
