Dear customers and friends:

On September 27, 2022, the Labor and Social Welfare Commission (Comisión de Trabajo y Previsión Social) of the Senate of the Republic issued a positive Opinion regarding the Initiative with a Draft Decree that amends and adds various provisions to the Mexican Federal Labor Law (FLL), regarding decent vacation days.

In general, the Initiative proposes that “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 business days, up to twenty, for each subsequent year of services. As of the sixth year, the vacation period will increase by two days for every five days of services”.

These changes can be seen in detail in the following comparative table:

Seniority years in accordance with the current FLL Vacation days in accordance with the current FLL Seniority years in accordance with Initiative of Amendment

Proposed vacation days in accordance with Initiative of Amendment

 

1

2

3

4

5-9

10-14

15-19

20-24

25-29

30-34

 

 

6

8

10

12

14

16

18

20

22

24

 

 

1

2

3

4

5

6-10

11-15

16-20

21-25

26-30

31-35

 

12

14

16

18

20

22

24

26

28

30

32

Additionally, the Initiative proposes that workers must continuously enjoy at least twelve days of vacation and provides that the effective day should be the day after its publication in the Federal Official Gazette (DOF).

It is important to mention that although the Labor and Social Welfare Commission of the Senate approved the opinion of the Initiative to Amend the FLL in terms of decent vacation days, it is pending of approval by the Commission for Legislative Studies (Comisión de Estudios Legislativos) and if approved by that Commission it will be send to the Senate Plenary (Pleno del Senado) for voting at a later date. In the event that the Initiative is approved by the Senate Plenary, it would be turned over to the Chamber of Deputies (Cámara de Diputados) for the corresponding legislative process.

The Labor practice team of this Law Firm is following up on this FLL Amendment Initiative and will keep you informed about the progress and, where appropriate, its publication in the DOF, since it will be necessary for employers to make various modifications and updates in various labor documents, as well as review the economic impacts that this will represent.

Without further ado, we remain at your service for any questions or comments in this regard.

Labor & Employment Practice

Elisa Cortés / elisa.cortes@ecrubio.com

Perla Arreola / perla.arreola@ecrubio.com

Javier Canseco / javier.canseco@ecrubio.com

Ana María Becerra / ana.becerra@ecrubio.com

Roberto Álvarez Malo / roberto.alvarezmalo@ecrubio.com

Isaac Corral / isaac.corral@ecrubio.com

Rogelio Sánchez / rogelio.sanchez@ecrubio.com

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