Understanding the Year-End Bonus (Aguinaldo) and Employer Obligations
The year-end bonus, known as “aguinaldo,” is a non-waivable right that employers in Mexico must provide before December 20, 2025. According to the Mexican Federal Labor Law (LFT), employees who did not receive it, received it incomplete or after the deadline can claim their payment. Moreover, companies are not only obligated to settle the bonus but also face a fine for non-compliance.
Fines for Non-Compliance
Article 1001 of the LFT outlines penalties for failing to meet obligations, including the payment of year-end bonuses. The fine ranges from 5,657 pesos to 565,700 pesos—between 50 and 5,000 times the current Unit of Measure and Update (UMA).
Who is Eligible for the Bonus?
The bonus amount is determined by the Secretariat of Labor and Social Prevision (STPS) for each affected worker. Employers must not only pay the fine but also ensure that workers receive an equivalent bonus for at least 15 days of their salary, as per Article 87 of the LFT. This right applies to employees who have worked for less than a year, those who resigned before the bonus was given, and even workers on leave.
What to Do if You Haven’t Received Your Year-End Bonus?
The year-end bonus must be paid in cash using the current legal currency. Employers can choose to make the payment via bank deposit or transfer, but any associated costs must be covered by the employer. The bonus cannot be given in the form of goods, grocery vouchers, holiday baskets, or any other resource. It can only be paid in money; additional benefits may exist but cannot substitute the bonus.
If you haven’t received your year-end bonus, are given it incomplete or after the deadline, you have until December 20, 2026, to file a claim. The authority allows one year from the initial day of delay for filing a complaint.
Can Non-Contract Workers Claim the Year-End Bonus?
Both contracted and non-contracted workers can claim the year-end bonus, as it is a right for all employees, regardless of their status (base, trust, plant, unionized, contracted by work or time, temporary, commission-based, sales agents, and similar). As long as there is a subordinate labor relationship with an employer, workers are entitled to all rights outlined in the LFT, including the year-end bonus.
If the bonus is not paid on time, workers, unions, federations, and worker confederations can demand payment. Affected individuals can seek assistance from the Federal Procurator for Labor Defense (Profedet), which offers free consultation in person at their offices or via phone at (800) 911-7877. The Centro Integral de Soluciones y Servicios Laborales (CISSEL) can also be contacted at 079, through the Mexican Government’s line.
Additionally, anonymous complaints can be submitted via email to the STPS’s work inspection address ([email protected]) or the SIQAL (Labor Complaints and Accidents System).
Consequences of Non-Compliance
Failing to pay the year-end bonus on time results in fines of several thousand pesos and potential issues with labor authorities, leading to increased inspections. Moreover, it can damage the employer’s reputation and erode employee trust, possibly causing financial losses.
Key Questions and Answers
- What is the year-end bonus (aguinaldo)? It’s a non-waivable right for Mexican workers, paid before December 20, 2025.
- What are the penalties for not paying the aguinaldo? Fines range from 5,657 to 565,700 pesos, depending on the number of times the UMA.
- Who is eligible for the aguinaldo? All workers with a subordinate labor relationship, including those with less than a year of service or on leave.
- What should I do if I haven’t received my aguinaldo? File a claim by December 20, 2026, and seek assistance from Profedet or CISSEL.
- Can non-contract workers claim the aguinaldo? Yes, all workers with a subordinate labor relationship are entitled to the year-end bonus.
- What are the consequences of not paying the aguinaldo? Fines, increased inspections, reputational damage, and potential financial losses.
