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Regulations on paying domestic staff


Susan111

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Hi there, 

I'm looking for a solid source of information on what is required by law for domestic workers in terms of what happens on federally mandated holidays. What I understand so far is they are entitled to have the day off and still receive regular pay on those holidays, plus if they do come in they are entitled to double pay. I would also love to find a list somewhere of which holidays fall under this law.

If you are aware of anything to help get clear answers on these, that would be much appreciated,

Thanks so much!

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58 minutes ago, Susan111 said:

What I understand so far is they are entitled to have the day off and still receive regular pay on those holidays, plus if they do come in they are entitled to double pay.

It is double pay for the work and regular pay for the holiday, i.e. triple pay. They would get that any federal holiday. Since they almost always are a Monday or a Friday, I have my help come on Thursdays.

 

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From https://rollybrook.com/employee-pay.htm

Holidays:  

If your worker works on any of the Mexican legal holidays, you must pay double time plus the regular pay; i.e., triple time.  If the worker is paid for the holiday, but doesn't work, you cannot deduct the day from the "days worked" in the preceding computations for aguinaldo or vacación.

If your worker works on any Sunday, you must pay an additional 25% of the daily wage.  For weekly workers, you divide the salary by 7, then add 25% to the daily amount for the Sunday pay.  This assumes that you have given the employee some other day off during the week.  If the employee worked the full 7 days that week you owe overtime pay also.  That gets much more complicated.  Talk with your accountant. 

The Mexican legal holidays are:

Jan 1,  New Year's Day
1st Monday in Feb, Constitution Day
3rd Monday in March, Benito Juarez's Birthday
May 1, Labor Day
Sep 16, Independence Day
3rd Monday in Nov, Revolution Day
Dec 25, Christmas

There are several other commonly accepted holidays (the banks may even be closed), but these seven are the only legal holidays.

 

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