Next December 15 is the deadline for the Chamber of Deputies approve the opinion issued ‘decent vacation’ by law, extending the holiday period for Mexican workers. To prevent the reform from getting ‘stuck’ until 2023, the legislators made an adjustment that, they say, will benefit everyone involved: instead of 12 continuous days of rest, it would only be 6 days and the rest would be agreed upon with their employer.
The original reform project proposes granting a minimum of 12 days of paid vacation per year from the first year of service. For each subsequent year, the vacation period will increase by 2 working days until it reaches 20. As of the sixth year of service, it will increase 2 days for every 5 years of service.
On November 3, the Senate approved that “workers must continuously enjoy twelve days of vacation, at least.. This further ignited the debate about the impact it will have for employees, companies and employers, especially for SMEs.
On November 3, the Senate approved that “working people must continuously enjoy twelve days of vacation, at least.” This further ignited the debate about the impact it will have for employees, companies and employers, especially for SMEs.
However, legislators argue that having 12 continuous days off would not be beneficial for either party.
“It could be unfavorable not only for the work centers, but also for the workers themselves, because it limits the possibilities for employers and workers to agree to defer these days so that they are distributed as best suits both parties, and they are used freely according to their needs, responsibilities, economic situation, among others”, the opinion states.
How would the dignified vacation law look with the changes?
The modifications propose that only 6 days be taken continuously and the rest be deferred throughout the year. These days could be continuous or in parts, depending on the needs of the worker and the agreement reached with the employer or company.
The opinion of the Labor and Social Welfare Commission indicates that, after a technical-legal assessment, they saw that it was better to allow employees to enjoy their rest time as required.
With the changes, the new wording of Article 78 of the Federal Labor Law would be like this:
“Workers must enjoy at least six days of vacation continuously, of the total period that corresponds to them in accordance with the provisions of article 76 of this Law. In any case, workers will have the authority and right to to agree with the employer the way and times in which they will enjoy the vacation days that they have in their favor, either continuously or partially”, says the opinion in accordance with The universal.
The Labor and Social Welfare Commission of the Chamber of Deputies will have an extraordinary session tomorrow at 9:00 am to debate the issue. If the opinion reaches the majority of votes in the commission, it will be sent to the Plenary and, if approved, it will return to the Senate to approve the change.
If an agreement is not reached, the reform would take until next year to be approved, although the opinion indicates that will enter into force on January 1, 2023 or the day after its publication in the Official Journal of the Federation (shallow DOF)if it is delayed.
Editorial Team The editorial team of EMPRENDEDOR.com, which for more than 27 years has worked to promote entrepreneurship.
