Federal Work Law
What should you know?
When a person starts to work for the first time, it’s important to know all the formalities that must be fulfilled, as the rights and obligations that an employee and employer have, besides the activities that will be done. Mexican workers in general do not know the law well when they get their first job, and this causes them a loss of salary or days off without knowing.
A holiday day is where a person doesn’t work because it’s dedicated to a national celebration, which is why all of the government offices are closed, also public establishments and also the private ones. Holiday days are the days in which the State celebrates patriotic, historical or religious facts and they are set in a legal rule.
The holiday days as the days-off are non-working days but the difference between them lies that the first one applies to all workers, while the second one only applies to a specific category of workers, usually de days off are established by authorities for a special circumstance.
By law a worker must have written contract where working terms and conditions will be specified.
Articles 74 and 75 of the Mexican Work Law allow workers to have the right to earn a double salary for the service given when they have to work in a holiday day, these days are:
- January 1
- The first Monday of February to commemorate February 5.
- The third Monday of march to commemorate march 21.
- May 1
- September 16
- The third Monday of November to commemorate November 20
- December 1 of every six years when there’s a Federal Executive Branch transmission.
- December 25
- The day Federal and Local laws determine in case of ordinary elections.
Mexican Work Law guarantees annual vacations depending on the time the employee has worked in a company or the time of service. So:
- 6 working days with 1 year seniority
- For the next 3 years, vacation period increases 2 days for each year o service, this way when a worker completes the 4 years of service, annual vacation will last 12 natural days.
- At the end of 5 years of service the worker has the rights of 2 additional days of annual vacations.
Article 80 of the law mentioned previously says the vacation pay is the right the worker has to get an income for enjoying vacations, it mustn’t be lower than the 25% of the vacation salary.
Legal and Accounting Consulting in Playa del Carmen
