Mexico’s Federal Labor Law Will Entitle Employees to More Mandatory Vacation Days

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On December 14, 2022, Mexico’s Senate of the Republic approved the final project to modify Articles 76 and 78 of the Federal Labor Law (FLL), under which employees will be entitled to more mandatory and paid vacation days.

The House of Representatives made some amendments to the original project, including one allowing employees to decide on the distribution of the vacation days that they have earned. The final project has been sent to the executive branch for its publication in the Official Gazette of the Federation (Diario Oficial de la Federación).

The amendment is not enforceable until publication. Nevertheless, the government’s intention is to make it effective beginning on January 1, 2023. The amendment will apply on all employment contracts and collective bargaining agreements from the date the amendment is published.

With the reform, employees will be entitled to vacation leave as follows:

Years worked Vacation leave entitlement
1 12 days
2 14 days
3 16 days
4 18 days
5 20 days
6 to 10 22 days
11 to 15 24 days
16 to 20 26 days
21 to 25 28 days
26 to 30 30 days
31 to 35 32 days

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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