Susannah Posted April 21, 2021 Report Share Posted April 21, 2021 Hi everyone! I have a question about the Mexican laws for part time workers with regards to paid vacation. I have been researching a bit and this is what I understood so far: The law is the same for part time and full time workers. Vacation pay is calculated with the "daily rate" as 6 days of salary for the 1st year, 8 days of salary for the 2nd year, and so on (following the specific table with length of service and paid days off). They need to have worked for a year before they can receive their vacation (pay). There is a minimum of 25% holiday bonus for while they are on vacation. My question is as follows: According to the Mexican law, how would I approach this for (for example) my cleaning lady who works 1 day a week? Is she entitled to 6 working days off (theoretically 6 weeks in the year)? If she decides not to take the vacation, I assume she would still be entitled to the vacation pay for that year, is that correct? Is the 25% bonus applicable only if she takes the vacation, not if she decides to continue working? Or is it something she is entitled to regardless of whether she takes days off? I would appreciate anyone who could shed some light on this for me, or point me in the right direction. Thank you! ______________________ These are some of the websites that I referenced: https://insights.tetakawi.com/mexico-labor-law-employee-benefits-basics https://content.next.westlaw.com/3-502-9997?transitionType=Default&contextData=(sc.Default)&__lrTS=20200606164632130&firstPage=true https://yucalandia.com/answers-to-common-questions/labor-law-for-household-employees-in-mexico-what-must-we-pay/ Quote Link to comment Share on other sites More sharing options...

jrod Posted April 22, 2021 Report Share Posted April 22, 2021 You are correct in that nobody is exempt, and part- and full-time workers are treated equally under the law. However, the calculation is proportional for a part-time worker. And the "holiday bonus" is not a discretionary bonus--the aguinaldo is required by law. Therefore, the math gets a bit complicated. Smartest and safest advice is to go to one of our well-regarded local attorneys to have the calculation confirmed for you and a contract drawn up. You can then use this contract as a template for future workers. 1 Quote Link to comment Share on other sites More sharing options...

Bisbee Gal Posted April 22, 2021 Report Share Posted April 22, 2021 As far as I know, Rolly's calculations remain valid. https://rollybrook.com/employee-pay.htm Aguinaldo (Christmas Bonus) The aguinaldo must be paid on or before the 20th of December. The aguinaldo must be paid in cash; gifts, Christmas baskets, and other presents do not fulfill the requirement. The aguinaldo must equal 15 days of salary. To calculate the amount for a part-time employee, divide the number of days worked during the year past by 365. Multiply that figure by 15 x the daily salary to determine the amount of the aguinaldo. Examples: If you have an employee who works one day a week for $50 pesos: 52/365 x 15 x 50 = $106.85 pesos If the worker is paid by the week and has worked a full year, use a multiplier of 2.14 to make the math easier. If the worker is paid $500 pesos per week, then it is $500 x 2 .14 = $1070 pesos If the weekly worker has not worked a full year, divide the number of weeks worked by 52.14 x 15 x the daily salary (weekly salary divided by 7) to determine the amount of the aguinaldo. Vacación (Vacation) The vacación must be paid in cash, either before the vacation or before the end of the year if no vacation has been taken. The vacación pay must equal required number of vacation days of salary plus and additional 25% of the amount. To calculate the amount, divide the number of days worked during the year past by 365. Multiply that figure by number of vacation days times 1.25 to determine the amount of the vacación pay due. Examples: If you have an employee for one year who works one day a week for $50 pesos: 52/365 x 6 x 1.25 x 50 = $53.42 pesos = vacación If the worker is paid $500 pesos per week, convert the weekly rate to a daily rate by dividing by 7. 500/7 x 6 x 1.25 = $535 pesos = vacación Note: The 6-day minimum vacation is only for the first year worked. The basis increases by 2 days each year through the 4th year. The 5th year it increases 2 days to 14 days. Thereafter, the time increases by 2 days each 5th year. For example: A maid has worked for 5 years, so she is due 14 days vacation. She works 3 days per week for $760 per week. which is $253.33 per day. 3 x 52 = 156 days worked per year. 156/365 x 14 x 1.25 x 253.33 = $2642.71 If we ignore that she works only 3 days and consider her a weekly employee, then 760/7 x 14 x 1.25 = $1900 Year 1 -- 6 days Year 2 -- 6 + 2 = 8 days Year 3 -- 8 + 2 = 10 days Year 4 -- 10 + 2 = 12 days Year 5 -- 12 + 2 = 14 days Year 10 -- 14 + 2 = 16 days Year 15 -- 16 + 2 = 18 days etc 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. Maternity Leave: A woman is entitled to six weeks before and six weeks after delivery with full pay. If she is unable to return to work after that leave, she's entitled to a period not to exceed 60 days at half pay. 1 Quote Link to comment Share on other sites More sharing options...

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