traderspoc Posted November 12, 2015 Report Share Posted November 12, 2015 Need help in understanding when I am obligated to pay government holidays in Mexico for part time worker one day a week.I understand Mexico labor law applies to full and part time workers. I have a part time worker who is a maid once a week for 4 hours. My question is regarding when to pay holiday pay and what holidays are to be paid. Mexico, public holidays are legally provided for by way of Article 74 of the Federal Labor Law. According to this law, there are seven annual public holidays, . The Mexican paid legal holidays 2016 are:Jan 1, 2016 New Year's Day1st Monday in Feb, Constitution Day3rd Monday in March, Benito Juarez's BirthdayMay 1, Labor DaySep 16, 2016 Independence Day3rd Monday in Nov, Revolution DayDec 25, 2016 Christmas Is this statement below correct? Part-time employees are entitled to have the day off with pay as well, as long as the holiday falls on a day that the employee would normally work. Double time is paid if the employee works the holiday. Holidays that are not paid in 2016Feb 10 2016 Ash WednesdayMar 24 2016 Holy ThursdayMar 25 2016 Good FridayOct 12 2016 Columbus dayNov 2 2016 Day of the deadMay 5 2015 Cinco de mayo thank you are your help Link to comment Share on other sites More sharing options...
geeser Posted November 12, 2015 Report Share Posted November 12, 2015 Yes that is my understanding as well. Pity the poor employer who only works an employee one day a week, on Mondays. Link to comment Share on other sites More sharing options...
Al Berca Posted November 12, 2015 Report Share Posted November 12, 2015 That would be me. Switched days a few years ago to accommodate my housekeeper and her new clients. Little did I know! Worse, yet, she never misses a holiday. Never misses non holidays, either, though. Traderspoc, employee is entitled to regular pay plus double if they work a paid holiday.. That would be three times regular pay, not two times. Link to comment Share on other sites More sharing options...
El Saltos Posted November 12, 2015 Report Share Posted November 12, 2015 If the holiday falls on their work day they get the day off. If it fall on a non-work day they get nada. Simple. Link to comment Share on other sites More sharing options...
Al Berca Posted November 12, 2015 Report Share Posted November 12, 2015 Not correct. If the holiday falls on their work day THE EMPLOYEE may choose to take the day off. However, they are entitled to regular pay for that day. Simple. Link to comment Share on other sites More sharing options...
Sonia Posted November 13, 2015 Report Share Posted November 13, 2015 This may help: http://www.soniadiaz.mx/employees.html Link to comment Share on other sites More sharing options...
congodog Posted November 16, 2015 Report Share Posted November 16, 2015 Sonia's link implies that the employee is paid 3x pay on a holiday if they are REQUIRED to work that day. So If they CHOOSE to work that day, but are not required, are we still responsible for 3x pay even if we don't want them to work that day? Can we tell them to take the day off? Link to comment Share on other sites More sharing options...
757 Posted November 16, 2015 Report Share Posted November 16, 2015 If they work on a holiday it is x 3. If they want the holiday off it is only regular pay. If it is a scheduled day, you pay. Link to comment Share on other sites More sharing options...
Yo1 Posted November 16, 2015 Report Share Posted November 16, 2015 Sonia's link implies that the employee is paid 3x pay on a holiday if they are REQUIRED to work that day. So If they CHOOSE to work that day, but are not required, are we still responsible for 3x pay even if we don't want them to work that day? Can we tell them to take the day off? You can tell them to take the day off with pay. You are the employer and they must abide by your decision. Link to comment Share on other sites More sharing options...
Al Berca Posted November 16, 2015 Report Share Posted November 16, 2015 Wrong!!! That is their work day. They decide if they want the day off with pay. You do not have the right to order them to do so. They must be in agreement. You are their employer, not their master. The laws are made to protect them from employers such as yourself. Link to comment Share on other sites More sharing options...
slainte39 Posted November 17, 2015 Report Share Posted November 17, 2015 The employee has the day off with pay, that's the law. If you demand they work, it has to be on a voluntary basis by the employee as I don't believe they can be fired if they don't. If they agree, you pay them double wages for working plus their regular holiday day for not working. The employee cannot demand to work that day. Link to comment Share on other sites More sharing options...
AlanMexicali Posted November 17, 2015 Report Share Posted November 17, 2015 You can tell them to take the day off with pay. You are the employer and they must abide by your decision. Wrong!!! That is their work day. They decide if they want the day off with pay. You do not have the right to order them to do so. They must be in agreement. You are their employer, not their master. The laws are made to protect them from employers such as yourself. If you consider that a business will be closed on federal mandated holidays an employee cannot demand to work that day. The rules abide to what the federal laws are. If you are open, as you seem to think all employers´ places will be, they can take the day off with pay. If you want them to work because you will be open then 3X pay is the rule. So Yo1 is correct. Link to comment Share on other sites More sharing options...
Al Berca Posted November 17, 2015 Report Share Posted November 17, 2015 Not if the discussion is regarding domestic employees, which it is, Alan. Not sure Walmart posts here asking for advice. Try to focus on the topic at hand. Thanks. Link to comment Share on other sites More sharing options...
congodog Posted November 17, 2015 Report Share Posted November 17, 2015 OK, so this is sounding clear as mud now. I can't imagine why there would be separate laws for different employees. The domestic rules shouldn't be different. What if I were taking that day off as well and not going to be home? Then it seems odd that I should go out of my way to make sure she can get in the house and work because she insists on doing so. In my case, I guess I'm fine with paying my maid 3x the pay if she truly wants to work and I'm not going to be out that day. She could use the money. If she wants off, I'm fine with that also. Link to comment Share on other sites More sharing options...
AlanMexicali Posted November 17, 2015 Report Share Posted November 17, 2015 Not if the discussion is regarding domestic employees, which it is, Alan. Not sure Walmart posts here asking for advice. Try to focus on the topic at hand. Thanks. http://mexico.justia.com/federales/leyes/ley-federal-del-trabajo/titulo-tercero/capitulo-iii/#articulo-74 Google Translation: "Article 74. The mandatory holidays: I. The 1st. of January; II. The first Monday of February in commemoration of February 5; III. The third Monday in March in commemoration of March 21; IV. The 1st. of May; V. On 16 September; SAW. The third Monday in November in commemoration of November 20; VII. The 1st. December every six years, when the transmission of the Federal Executive; VIII. On December 25, and IX. Determine which federal and local electoral laws, in the case of regular elections, to conduct the election. ◾Artículo 75. In cases of the previous article workers and employers determine the number of workers required to provide their services. If no agreement is reached, it will be resolved by the Permanent Conciliation Board or in this absence the Conciliation and Arbitration. Workers that will be required to provide services and is entitled to be paid that, regardless of salary to them for the furlough, a double salary for the service." [3X the salary] In one way you are somewhat correct as the owner and empoyees must agree what services they need to supply to be open if the owner desires to be open. In another way the employee has no say if the place will be open or not. There is no laws or rules different for domestics, as far as I know. Link to comment Share on other sites More sharing options...
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