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Labour Laws Re: Overtime


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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.



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).

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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.

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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.

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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.


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