Also all those companies that at the time offered extralegal vacations, and that are left with the reform that comes into force lower than what is established will have to make the pertinent modification.
If this reform is approved, it would be strictly legal, that is, its simple entry into force makes it mandatory for all employers; If fewer working days are indicated in a contract than those established by the LFT, said agreement would be void due to defects in consent and for entering into illegal clauses, warns Kair Vela, a labor lawyer at the Vela y Asociados law firm.
“Although the contracts are agreements of wills in which the parties are free to negotiate what they consider beneficial for both parties, in labor matters the agreements cannot stipulate fewer rights than those established by the Constitution and the LFT,” the lawyer points out.
And as happened when contracts were changed due to the elimination of labor subcontracting, employers must respect the seniority of their workers, with the minimum number of vacation days and vacation bonus.
Who do I approach to verify that my employment contract is correct?
The specialists consulted agree that employees can directly approach the employer and the human resources department. And if the employer refuses, not to issue a new contract, but to enjoy the 12 days of vacation, you can go to the offices of the Federal Attorney for the Defense of Labor or to the local Attorney’s Office.
However, it is important to note that the reform has not yet been approved. Today, the LFT establishes that employees have the right to six days of vacation in the first year of work, and this legal period has been maintained for more than 50 years.
The six days of vacation in Mexico are far removed from the 30 days stipulated by law in countries such as Brazil, Cuba or Nicaragua, while in Ecuador, Venezuela and Bolivia people have 15 days to rest by law, according to the Organization for Economic Cooperation and Development (OECD).
If the reform is approved, formal workers would be entitled to 12 days off in the first year worked. Then each year two days will be increased until reaching 20 and then two days will be added for every five years. Mexico would have the average number of rest days that Latin American countries have, although the International Labor Organization (ILO) recommends a minimum of 18 vacation days.
For Rodrigo Manjarrez, CEO of Factorial LATAM, a human resources software company, it is urgent that Mexico improve people’s working conditions. This would not only benefit the worker but also the employer company, because when a collaborator returns to the company after a long period of rest, his motivation increases and his commitment to the company is strengthened, creating more loyal relationships.
“Rest is a key element in worker productivity. Thanks to a good quality of life, the workforce increases, a good vacation period has an impact on stress reduction and, as we have seen, stress is the main enemy of your employees’ performance”, concludes Manjarrez.