Reforma a los artículos 76 y 78 de la ley federal del trabajo

Last December 27, the amendments of Articles 76 and 78 of the Federal Labor Law regarding vacation , which will enter into effect on January 1, 2023, were published in the Diario Oficial de la Federación (the Federal Official Gazette), to read as follows:

Article 76. - Workers who have more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which shall increase by two working days, until reaching twenty, for each subsequent year of service.

As of the sixth year, the vacation period shall increase by two days for every five años of service.”

"Article 78.- Of the total period corresponding to the employee in accordance with the provisions of Article 76 of this Law, the employee shall enjoy at least twelve days of continuous vacation. Said period, at the discretion of the employee, may be distributed in the manner and time required.”

The amendments will be applicable to all the individual or collective labor agreements at the date of their entry into force, regardless of their format or denomination, provided that they are more favorable to the rights of the workers.

It is worth mentioning that the additional vacation days will be taken into account for purposes of severance payments, indemnifications and the base salary for contributions to the Mexican Social Security Institute and the National Workers' Housing Fund Institute.

For clarity, the new vacation scheme would be as follows:

VACATIONS IN MEXICO

YEARS OF WORKDAYS OF VACATION
1 year12 days
2 years14  días
3 years16 days
4 years18 days
5 years20 days
6-10 years22 days
11-15 years24 days
16-20 yeras26 days
21-15 years28 days
26-30 years30 days
31-35 years32 days