Article 59 of the Federal Labor Law (FLL) stipulates that Saturday’s work hours can be distributed across the other days of the week to allow for a Saturday afternoon off or an equivalent arrangement.
When the company decides to distribute Saturday’s work hours over the other days of the week, we suggest adhering to the following points:
- The agreement must be mutually consented to by both parties.
- The agreement should be formalized in writing.
- The document should clearly specify how the hours will be distributed and how work shifts will be arranged.
It is important to highlight that, in case of an inspection by Labor Authorities, they follow a new criterion stating that if there is no written agreement, even if the weekly work hours comply with the maximum allowed, it will be considered a violation of the law, and penalties will be imposed.
Additionally, having this agreement allows employees to be fully aware of their work hours, and it provides transparency regarding the working conditions and the obligations of both the employee and the employer, ensuring legal security in case of any labor disputes.
From a preventive standpoint, it is advisable to implement a clear and detailed agreement that outlines the workday distribution, properly signed by both parties, and periodically evaluate the functionality of the work schedules to either reaffirm or adjust them according to the evolving needs of the company and its workforce.
If Saturday’s work hours have been redistributed throughout the week and the employee is requested to work on Saturday, that day must be compensated as a worked rest day. This means, aside from the regular daily salary, double pay must be provided as per the terms established in the FLL.
Let’s remember that prevention is key to avoiding penalties.
Should you have any questions or require assistance in drafting these agreements, please feel free to contact your usual Firm representative.
Labor and Social Security Practice
Javier Canseco / [email protected]
Ana María Becerra / [email protected]
Alma Oviedo / [email protected]
Eduardo Cortés / [email protected]
Isaac Corral / [email protected]
Perla Arreola / [email protected]
Raúl Lara Maiz / [email protected]
Roberto Alvarez Malo / [email protected]
Rogelio Sánchez / [email protected]
Adriana Gómez / [email protected]
Antonio Flores / [email protected]
Elisa Cortés / [email protected]
Franco Herrera / [email protected]
Reynold González / [email protected]
Francisco Navarrete / [email protected]
Gustavo Carrillo / [email protected]
Iván Arriaga / [email protected]
Jesús Perales / [email protected]
Luis Nicolás / [email protected]
Misael Granados / [email protected]
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