Yesterday, Tuesday 27, it was published in the Official Gazette of the Federation reforms to articles 76 and 78 of the Federal Labor Lawregarding vacations, which will enter into force on January 1, 2023.
Just yesterday, President Andrés Manuel López Obrador confirmed that he had signed the decree and that it would shortly be published in the DOF so that these changes are legal for all purposes.
In this way, workers they will have the inalienable right to 12 days of vacation once they have completed one year of working in the workplace.
These changes to the labor law regarding vacations were an initiative of the Movimiento Ciudadano party and were discussed in the Senate and later in the Chamber of Deputies.
Throughout the discussion, the deputies made a slight change in the reform, which established that the 12 days of vacation had to be agreed between the worker and the employer, which opened up the possibility that companies would not allow their collaborators to take all the days of rest in a row.
However, under pressure from the unions and the Senate itself, the deputies rectified and left the reform as it was originally.
The reforms to articles 76 and 78 were as follows:
Article 76.- Workers who have more than one year of service will enjoy an annual paid vacation period, which in no case may be less than twelve working days, and which will increase by two working days, up to twenty, for each year. subsequent services.
As of the sixth year, the vacation period will increase by two days for every five days of services.
Article 78.- Of the total period that corresponds to him in accordance with the provisions of article 76 of this Law, the worker will enjoy twelve days of continuous vacation, at least. Said period, at the discretion of the worker, may be distributed in the manner and time required.
In this way, it will be the exclusive decision of the worker if he takes all his vacation days continuously or in parts.
This will increase your rest days:
And how is the vacation bonus?
On the other hand, this reform will have economic consequences for companies, increasing labor costs by around 2% for established consortia, according to the consulting firm ManpowerGroup.
Although the proportion of 25% of salary that by law must be given as a vacation bonus is not increased, as there are more vacation days, employers will have to consider more resources to pay for those days off, plus the respective bonus.
Similarly, the vacation bonus is integrated into the salary when a settlement or compensation to the worker must be calculated, in case he decides to stop working in the company or is fired. This will also cost more to employers.
Likewise, the vacation premium is part of the so-called Contribution Base Salary (SBC), which is the global amount with which companies calculate the quotas that must be paid to the Mexican Institute of Social Security (IMSS).
Ergo, as vacations double from 6 to 12 days, the total vacation premium will increase as part of the SBC. The latter implies that the worker-employer contributions paid to the IMSS will rise for the employer, without exception, since it is an obligation that they cannot evade.
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