The Law Benefits in Mexico are the benefits to which employees are entitled once they start working, according to the definition of the OCC Mundial portal. These benefits are established in article 84 of the Federal Labor Law, LFT.
The Law Benefits are independent of salary, and must be granted to you if you work for a natural or legal person.
There are Legal Benefits that are minimal, that is, companies must provide them to employees by obligation. And there are also the so-called Superior Benefits, which are optional for employers to provide.
Below we share a list of these minimum Law Benefits that you should receive in any job:
1. Vacation
According to the LFT and the Federal Attorney for the Defense of Labor, PROFEDET, workers who have been working for more than a year will enjoy an annual paid vacation period, which in no case may be less than six working days, and which it will increase by two business days, up to twelve, for each subsequent year of service.
Beginning with the fifth year of service, the vacation period will increase by 2 days for every 5 years of service. If the employee works seasonally, the vacation period will be granted in proportion to the number of days worked in the year.
In recent weeks, a reform to articles 76 and 78 of the LFT was being discussed so that the vacation period per year increases to 12 days.
2. Bonus
This is a benefit that is equivalent to at least 15 days of your salary. According to this law, employers must pay the bonus to their employees before December 20. If you want to know more about this benefit, we share with you Aguinaldo, how to calculate it and invest it?
3. Payment of utilities
This benefit refers to the right that all workers who work for an employer have and consists of receiving a part of the profits obtained by their employer in the previous year, for the productive activity or the services offered in the market, according to the definition of the PROFEDET.
This benefit is granted provided that the employer has obtained an annual income declared to Income Tax (ISR) greater than $300,000.00 in the previous fiscal year.
Companies must make the payment of utilities from April 1 to May 30. Individuals must pay utilities from May 1 to June 29.
There are exceptions to the payment of utilities, that is, certain cases in which the payment of utilities does not apply according to PROFEDET:
- Temporary workers who have worked less than 60 days during the corresponding fiscal year.
- Directors, administrators and general managers of companies.
- domestic workers.
- Partners or shareholders of the company.
- Service providers for fees.
Article 71 of the LFT establishes that workers who provide service on Sundays will be entitled to an additional premium of 25%, at least, on the salary of ordinary working days.
5. Vacation bonus
According to the PROFEDET, the employer must pay the ordinary salary that corresponds to the days of the vacation period enjoyed. For vacation premium 25% of the amount received for the vacation period.
To find out how much you are entitled to for the vacation bonus, multiply your daily salary (for example, 400 pesos) by the vacation days that correspond to you (6) and multiply the result by 0.25% (which is the minimum set by law) and the total will be what corresponds to you, that is, 600 pesos.
6. Social Security
Employers must register employees with the Mexican Institute of Social Security, IMSS, so that employees can access the multiple benefits that this institution offers, such as: medical and hospital care when required, savings for retirement, nursery for the care of their children, social benefits such as access to recreational activities and vacation centers, as well as pensions in case of disability or death.
If you are an entrepreneur and want to know more about this benefit, we share with you how to enroll your employees in the IMSS.
7. Rest days
In accordance with article 69 of the LFT, for every six days of work the employee has the right to enjoy at least one day of rest, with full salary. There are companies where two days are granted, usually Saturday and Sunday.
In addition, official days off must be granted, which are published each year in the Official Gazette of the Federation. These days are:
- the 1st from January
- The first Monday of February in commemoration of February 5
- The third Monday of March in commemoration of March 21
- the 1st of May
- September 16
- The third Monday of November in commemoration of November 20
- the 1st December of every six years, when it corresponds to the transmission of the Federal Executive Power
- December 25
- And the one determined by the federal and local electoral laws, in the case of ordinary elections, to carry out the electoral day.
In the event that you must work on the mandatory rest days, the employer must pay the worker, regardless of the salary that corresponds to the rest, a double salary for the service provided.
8. Seniority bonus
It refers to the additional payment that is granted to plant workers, for the time worked at the service of the employer, as defined by PROFEDET.
This amount consists of the amount of twelve days of salary for each year of service. In case you do not work the whole year, they must pay you the proportional part according to the time worked during the year.
9. Maternity leave
This benefit is granted to working women before and after childbirth for not attending their work, in order to protect maternity and infant care. The pregnant employee has the right to enjoy a period of rest before and after delivery of 12 weeks in all of her.
10. Lactation period
The benefit refers to the time during which working mothers are entitled to rest to feed their children after birth.
It consists of two extraordinary rests per day in a suitable and hygienic place assigned by the company, which will be half an hour each to feed their children. If this is not possible, prior agreement with the employer, the employee’s working day must be reduced by one hour to replace rest periods.
11. Adoption Leave
According to PROFEDET, this benefit refers to the time that working people have in case of adoption, to not attend their work, in order to care for the infant.
In the case of mothers, the rest consists of 6 weeks with pay, after the day they receive the infant.
In the case of parents, the rest consists of five days with pay, after the day they receive the infant.
12. Paternity and adoption leave
It is the permission that working men have not to attend the performance of their work due to the birth of their child or in the case of the adoption of an infant.
Both in the case of the birth of their child and in the case of adoption, the worker is entitled to 5 days off with pay, after the birth or adoption.
13. Benefits derived from resignation
It refers to the Law Benefits that the employee must receive once he voluntarily terminates the employment relationship, in order to suit his interests. Among these are:
- Wages corresponding to the days worked and not paid
- Bonus
- Holidays
- vacation premium
- Share of profits due
- Seniority premium, provided you have worked 15 years or more
14. Benefits for unfair dismissal
In the event that the employee is dismissed without justification, according to PROFEDET, the employee can choose one of the following benefits:
1.- Constitutional compensation, with the payment of three months of integrated salary and the payment of the following benefits:
- Wages corresponding to the days worked and not paid
- Bonus
- Holidays
- vacation bonus
- Share of profits due
- seniority bonus
- past due wages
2.- Reinstatement, that is, reincorporation to their work in the same conditions in which they provided their services until before the dismissal and the payment of the Law Benefits already established.
If you have doubts about what rights you have in case of resignation and dismissal, we share with you settlement and liquidation, what are the differences and how are they calculated?
What happens if you do not receive the Law Benefits?
In the event that you do not receive any or all of the Law Benefits described above, you can go to PROFEDET, where a lawyer will provide you with free and personalized legal advice, according to the information on the website of this institution.
Editorial Team The editorial team of EMPRENDEDOR.com, which for more than 27 years has worked to promote entrepreneurship.