Ajijic Posted September 6, 2009 Report Share Posted September 6, 2009 Are there any labour laws pertaining to the requirement to pay overtime rates based on hours in a day or week and for holidays? If so what may they be? Link to comment Share on other sites More sharing options...
Ajijic Posted September 6, 2009 Author Report Share Posted September 6, 2009 OK answering my own question. The answers may surprise many as it did me and this is my background. In summary, triple pay if working the 7 national holidays January 1 (New Year's Day), February 5 (Constitutional Day), March 21 (Juarez's Birthday), May 1 (Labor Day), September 16 (Independence Day), November 20 (Revolution Day), December 25 (Christmas Day) The work week for as blue collar worker can not exceed 48 hours (40 hours for white collar worker). The work day for a day shift is maximum 8 hours with a 6 day work week. A worker can only be asked to work 3 extra hours in a day, 3 times in a week for a maximum of 9 extra hours in a week. Overtime pay is double time for those hours. If the hours go beyond 9 triple pay is required. Below were some sources for this summary as well as many details about firing, maternity leave etc. http://www.mexicolaw.com/LawInfo11.htm http://www.nafta-mexico.org/sphp_pages/canada/invierte/doing_business/labor_law.htm 4.3.3 Hours of Work and Overtime Article 422 and 423 of the LFT provide for internal employment regulations that should specify the hours of arrival and departure, the time at which work will begin and end on a regular workday, the mealtimes, the rest periods during the day, and the days and place for the payment of wages. However, the LFT also sets minimum standards regarding work schedules and rest periods. Under the LFT, the maximum length of the working day is eight hours per day with a rest period of at least half an hour every day. One rest day with full pay is required every six days, usually Sunday (Articles 60, 61, 63 and 69). Article 64 notes that if a worker is unable to leave his workplace during the rest periods and meal times, such periods are deemed to be hours actually worked and must be included in the daily hours of work. A normal week is understood as six days, which is the equivalent of 48 hours per week. These hours may also be distributed over 5½ days or 5 days, which means in the latter case, days of approximately 10 hours of work, and 9 hours daily if employees work 4 hours on Saturday. A regular work day may be extended up to a maximum of three hours a day, a maximum of three times a week, for a maximum of nine hours of overtime per week, in exceptional circumstances (LFT, Article 66). No worker can be compelled to work overtime exceeding nine hours weekly (LFT, Article 68). Article 74 of the LFT lists compulsory rest days for all workers, which include November 20th. On such compulsory holidays, the workers and their employer must decide how many shall be obliged to work, and if no agreement can be reached, the matter must be submitted to the relevant JC or JCA (Article 75). Link to comment Share on other sites More sharing options...
Paul Posted September 7, 2009 Report Share Posted September 7, 2009 I work in an automitive manufactuing company here near Guadalajara, and when they work overtime it is a 14 hour day 6:30 am to 10:30 pm. I don't know the laws, but I have seen them work it. Here a big problem is most of the operators ride a bus, so they have a lot to schedule to work overtime. Link to comment Share on other sites More sharing options...
jguerin Posted September 7, 2009 Report Share Posted September 7, 2009 I have a full time employe at home, 24 hours off per week. Should I pay him 2 weeks wages for Christmas bonus? Link to comment Share on other sites More sharing options...
Ajijic Posted September 7, 2009 Author Report Share Posted September 7, 2009 jguerin I am no expert on this matter just doing some research in association with another issue in SMA. I do know having had their services when living in Ajijic that Susanna on Colon and her team of Eliberto and Acuzena can answer your question. They are just north of plaza on west side. I doubt they would charge you for this input. John ps I may add I believe the answer is yes by looking at the links I provided but again I do not want to have one think what I say is the law but rather to guide people to seek expert advise. If anyone wants I can email the law in Spanish. Link to comment Share on other sites More sharing options...
davidhf Posted September 7, 2009 Report Share Posted September 7, 2009 I have a full time employe at home, 24 hours off per week. Should I pay him 2 weeks wages for Christmas bonus? Yes. Every employee regardless of full or part-time is due their aguinaldo paid prior to 20th Dec.. Link to comment Share on other sites More sharing options...
More Liana Posted September 9, 2009 Report Share Posted September 9, 2009 Yes. Every employee regardless of full or part-time is due their aguinaldo paid prior to 20th Dec.. An aguinaldo (Christmas bonus) is due to all employees. However, if the employee has worked for you for less than a year, the aguinaldo should be pro-rated to the actual time worked. Six months employment would be one week, etc. Here's the actual labor law in its entirety, if you want to read it. http://www.diputados.gob.mx/LeyesBiblio/pdf/125.pdf Link to comment Share on other sites More sharing options...
Ajijic Posted September 9, 2009 Author Report Share Posted September 9, 2009 here are Rolly's English versions: http://rollybrook.com/employee-pay.htm http://rollybrook.com/labor_law.htm Link to comment Share on other sites More sharing options...
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