What is the Christmas Bonus (Aguinaldo)?
The Christmas bonus, or “aguinaldo,” is a non-negotiable right for workers in Mexico, as stipulated by the Federal Labor Law (LFT). The law mandates that workers receive at least 15 days’ worth of salary as a bonus, but the exact amount depends on factors such as length of employment and current salary.
Key Dates for Aguinaldo Distribution
According to Article 87 of the LFT, employers must distribute the Christmas bonus before December 20th. Failure to do so by this date results in a penalty for the employer, as it is considered late.
Aguinaldo Calculation Basics
Despite proposals in the Chamber of Deputies to increase the number of bonus days, the LFT currently sets a minimum of 15 days for private sector workers and 40 days for public sector employees. To calculate the bonus, consider these variables:
- Monthly salary
- Daily salary (monthly salary divided by the number of days in a month)
- Minimum number of days established by law or contract
For employees with less than one year of service, the bonus is proportional to their months of service.
Example for Calculation
Let’s consider a worker earning two minimum salaries per month (approximately 16,951.04 MXN) with over a year of tenure:
- 16,951.04 (monthly net salary) ÷ 30 (days in a month) = 565.03 MXN (daily salary)
- 565.03 MXN × 15 (days as per LFT) = 8,475.51 MXN
Proportional Aguinaldo for Less Than One Year of Service
For those with less than a year of service, the LFT still guarantees a Christmas bonus. To find the amount, follow the same steps as above but multiply the previous result by the number of months worked and divide it by 12 (the months in a year).
Example: The same worker earning two minimum salaries per month but with only three months of tenure:
- 16,951.04 (monthly net salary) ÷ 30 (days in a month) = 565.03 MXN (daily salary)
- 565.03 MXN × 15 (days as per LFT) = 8,475.51 MXN
- 8,475.51 MXN × 3 (months worked) = 25,426.55 MXN
- 25,426.55 MXN ÷ 12 (months in a year) = 2,118.87 MXN
Salary Increase During the Year: How Does it Affect Aguinaldo?
The Christmas bonus corresponds to the current year’s salary, regardless of how long a worker has been employed. However, if there is a salary adjustment during the year in which the bonus is paid, the new salary amount will be used for calculation.
Example: The same worker with a two-minimum salary monthly pay but receiving a salary increase to 19,000 MXN in November:
- 19,000 MXN (monthly net salary) ÷ 30 (days in a month) = 633.33 MXN (daily salary)
- 633.33 MXN × 15 (days as per LFT) = 9,499.95 MXN
Incapacitation: Does it Affect Aguinaldo Receipt?
The Federal Labor Law states that workers are entitled to the Christmas bonus regardless of their employment status on the bonus calculation date. This means that if a worker is absent due to maternity leave, paternity leave, or an accident, their employer must ensure full payment.
According to the STPS, pre- and postnatal periods, paternity leave requests, and temporary disability due to accidents are considered worked days for the Aguinaldo calculation. Consequently, workers have the right to receive the full bonus.
How is Aguinaldo Paid?
The Christmas bonus is an irrevocable right that must be paid in cash using the current legal currency, as per the STPS. It cannot be given in kind (goods or vouchers), although, with the worker’s consent, it can be deposited into a bank account.
The law does not specify whether the bonus should be paid in one lump sum or multiple installments, but some companies opt to pay it in two parts—early and mid-November, and early December. Although the LFT states that the calculation should consider 15 days of salary, organizations have the freedom to offer more days.
If workers do not receive their full, timely, or incomplete Aguinaldo, they can seek legal guidance from the Federal Procurator for Labor Defense (Profedet) at [email protected] and 55 59 98 20 00 ext. 44750 and 44917. The STPS’s SIQAL platform is also available for anonymously reporting labor law violations.
