Dignified Vacations Reform
Today was published in the Official Journal of the Federation the "Reform on Dignified Vacations", which consists of the amendment to articles 76 and 78 of the Federal Labor Law.
The initiative establishes that workers who have been working for more than one year will enjoy an annual paid vacation period of 12 working days, which will increase by 2 days until reaching 20 days for each subsequent year of service, and as of the sixth year, the vacation period will increase by two days for every 5 days of service.
Below we share with you the textual quotation of the amended articles:
"Article 76.- Workers who have more than one year of service will enjoy an annual period of paid vacation, which in no case can be less than twelve working days, and which will increase by two working days, until reaching twenty, for each subsequent year of service.
As of the sixth year, the vacation period shall increase by two days for every five days of service.
Article 78.- Of the total period corresponding to the employee in accordance with the provisions of Article 76 of this Law, the employee shall enjoy at least twelve days of continuous vacation. Such period, at the choice of the worker, may be distributed in the manner and time required.".
Consequently, the vacation days would be as follows:
The following are some common questions regarding the reform:
When does the "Dignified Vacations" reform go into effect?
The decree was published on December 27, 2022 in the Official Journal of the Federation and will become effective on January 1, 2023.
Can I take vacation at any time of the year?
Vacation periods are set by mutual agreement between you and your employer, considering the service needs and the right you have already generated to take vacations.
Can continuous days be taken?
The employee will enjoy at least 12 continuous vacation days; this period may be distributed in the manner and time required by the employee.
How will the Vacation Bonus be paid?
The vacation premium percentage was not reformed, therefore the employer will pay a vacation premium of 25% of the vacation days.
If MY EMPLOYER does not authorize me to take vacations due to lack of personnel, will they be accumulated with the following year's vacations?
Your vacation entitlement is generated each year depending on your seniority in the company and must be granted within the six months following the completion of the year of service. If you do not take them, you can only claim those corresponding to a previous year.
If I work part-time, am I entitled to vacation?
Yes, since your right to vacations depends on the years of service you have with your employer, not on the workday you have agreed upon.
We share with you the link to the publication in the Official Journal of the Federation:
If you have any doubts about how the reform will apply to your company and/or job, do not hesitate to contact us.
Our team is here to help you.
Gonzalez Rodriguez Lawyers
info@g-r.mx
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