Also all those companies that at the time offered extra-legal vacations, and that are left with the reform that comes into force less than what is established will have to make the pertinent modification.
When does the 12-day vacation reform come into effect?
The decent vacation reform in Mexicowhich gives workers 12 days of vacation from the first year worked, enters into force as of January 1, 2023.
null cases
The approval of this reform is strictly legal, that is, that its simple entry into force makes it mandatory for all patterns; If a contract indicates fewer business days than those established by the LFT, said agreement would be void due to defects in the consent and for agreeing to illegal clauses, warns Kair Vela, labor lawyer at the Vela y Asociados firm.
“Although the contracts are voluntary agreements in which the parties are free to negotiate what they consider beneficial to 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 the 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 confirm that my employment contract is correct?
The specialists consulted agree that employees can approach the employer and the human resources department directly. 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 Labor Defense Attorney or the local Attorney’s Offices.
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 working year, and this legal period has remained so 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 by law 15 days to rest, this in accordance with 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 days off that Latin American countries have, although the International Labor Organization (ILO) recommends a minimum of 18 days of vacation.
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 employing company, because when a collaborator returns to the company after a long period of rest, his motivation increases and the commitment he has with 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 the performance of your employees”, concludes Manjarrez.