Background on the Current Situation
This week, a proposal was introduced in the Chamber of Deputies to include an additional day of rest in Mexico’s Federal Labor Law (LFT). The list of holidays for workers has remained unchanged since 1987, when election days were added to official holidays.
The Proposed Change by Carlos Ignacio Mier Bañuelos
The initiative is led by Carlos Ignacio Mier Bañuelos, a Morena party member. He aims to recognize the first Monday of May as an obligatory day off for workers, commemorating the 5th of May, which marks the anniversary of the Battle of Puebla. This date is honored by the state and recognized internationally, especially in the United States.
“By elevating May 5th to an official commemoration in our country, the Mexican state pays tribute to those who face cultural, social, and legal barriers daily outside their homeland,” Mier Bañuelos stated in the proposal. “Their struggle and resistance are also part of Mexico’s living history.”
Current Legal Framework for Holidays in Mexico
The Federal Labor Law currently recognizes nine dates as days off, but only two cannot be enjoyed annually due to their connection with elections and the transfer of executive power, which occurs every six years.
This is not the first attempt to expand the list of established holidays in the Federal Labor Law. In the current legislature, seven projects have been presented to increase official holidays for workers.
Proposed dates for inclusion in the mandatory rest list are November 1st and 2nd for Day of the Dead, Thursday and Friday during Holy Week, and December 12th for the Virgin of Guadalupe’s Day.
Legal Compensation for Working on Holidays
According to the Federal Labor Law, holidays are days without service obligations. However, labor legislation provides additional compensation for working on a holiday.
Under the LFT, workers who provide services on an obligatory holiday are entitled to their regular remuneration plus double pay. For instance, someone earning a daily minimum wage (278.80 pesos) would receive payment equivalent to 836.40 pesos.
If the holiday falls on a Sunday, workers are entitled to a 25% prime of their regular salary from the labor day.
The Federal Labor Law also includes penalties for failing to provide special compensation for working on a holiday. The fine ranges from 5,675 to 565,700 pesos for violating these provisions.
Key Questions and Answers
- What is the proposal about? The proposal aims to add an extra day of mandatory rest for workers, specifically the first Monday in May, in honor of the Battle of Puebla’s anniversary.
- Why is this proposal significant? The current list of holidays has not been updated since 1987, and this proposal seeks to recognize important dates that reflect Mexico’s cultural heritage.
- What is the current legal framework for holidays in Mexico? The Federal Labor Law currently recognizes nine dates as holidays, with only two that cannot be celebrated annually. Workers who work on these days are entitled to additional compensation.
- What penalties exist for not providing holiday compensation? The Federal Labor Law imposes fines ranging from 5,675 to 565,700 pesos for failing to provide the required special compensation for working on a holiday.
