Introduction
With the approaching holiday season, many people in Mexico City may find themselves at “El Torito,” the Center for Administrative Sanctions and Social Integration, due to minor administrative offenses. This raises the question: can being detained at El Torito justify missing work? The Federal Labor Law provides clarity on this matter.
Understanding El Torito and Administrative Offenses
El Torito is a bustling location during the Christmas and New Year’s Eve periods. Individuals can be detained for up to 36 hours if they commit an administrative offense outlined in the Traffic Regulations, such as consuming alcohol in unauthorized public places or driving under the influence of alcohol or drugs. After a breathalyzer test, their vehicle is taken to the impound lot.
Detainees are presented before a Civic Judge, who sets an unchangeable detention period ranging from 20 to 36 hours. Those caught driving under the influence face six penalty points, and accumulating 12 results in a suspended driver’s license.
Can a Work Absence Be Justified by Detention at El Torito?
According to the Federal Labor Law, Article 42, an employee’s arrest or preventive detention is a valid reason for temporary suspension of the working relationship.
This implies that during such suspension, neither the employee is obligated to provide services nor is the employer required to pay wages. However, this does not justify termination of the employee, who must report for work the following day.
For instance, if a worker is employed from Monday to Saturday and gets detained on Wednesday evening, they should return to work on Friday afternoon. If detained on Thursday and released by Saturday, they must report on Monday.
Articles 46 and 47 of the labor law allow employers to terminate the working relationship at any time for justified reasons, but detention at El Torito is not specified as one. However, attending work under the influence of alcohol or drugs is considered a justifiable reason for termination.
Additionally, other reasons for justified dismissal include dishonesty, acts of violence, immoral behavior, workplace harassment or sexual misconduct, and severe material damage due to negligence—often linked to alcohol consumption. Being sent to El Torito for administrative offenses does not fall under these justified dismissal reasons.
Nonetheless, the Federal Labor Law also states that if an employee has more than three unauthorized absences or absence without a justified cause within 30 days, the working relationship can be terminated. This means that after four absences, dismissal is appropriate.
Detentions at El Torito in 2025
If someone is detained and taken to El Torito, the Civic Judge will determine the duration of their detention. The detainee will provide personal information and belongings; in some cases, they can make a phone call. It’s advisable to contact a family member who can then notify the employer about the employee’s situation.
During detention, visitors are allowed from 3:30 PM to 5:00 PM on weekdays and from 3:00 PM to 5:00 PM on weekends, holidays, and Sundays.
According to the Mexico City Capital Security Secretariat, over 1700 people were detained in the last month of 2024 for failing breathalyzer tests—57 on the eve of Christmas and 70 on New Year’s Eve. From December 12 to 21, 2025, 648 individuals have been sent to El Torito, a number expected to rise during Christmas Eve and New Year’s Day.
Key Questions and Answers
- Can being detained at El Torito justify missing work? No, according to the Federal Labor Law. An employee’s arrest or preventive detention is a valid reason for temporary suspension, not justification for absence.
- What happens during detention at El Torito? Detainees can make a phone call, receive visitors, and are held for a period determined by a Civic Judge, ranging from 20 to 36 hours.
- Can an employer terminate a worker for detention at El Torito? No, detention at El Torito is not a justifiable reason for termination. However, excessive absences or those without a valid cause within 30 days can lead to dismissal.
- What should employees do if detained at El Torito? Employees should inform a family member who can then notify their employer. They must return to work as scheduled once released.
