Remarks: The website of the Congress is a good source of legislation: http://www.diputados.gob.mx/LeyesBiblio/index.htm
SOURCES
Name of Act
Federal Labour Act, 2 December 1969 (Diario Oficial No. 26, 1 April 1970, p. 1; errata: ibid. No. 51, 30 April 1970, p. 2 and No. 29, 5 June 1970, p. 16), in amended form until January 17, 2006 (Diario Oficial, January 17, 2006).
Remarks: This Act is generally applicable throughout the Republic and governs the relations of all workers, including day laborers, domestic workers, craft workers, and in general, any contract of employment. Art.1
Name of Act
Political Constitution of the United States of Mexico of 1917 (Constitución Politica de los Estados Unidos Mexicanos, Diario Oficial de la Federación el 5 de febrero de 1917, errata: ibid., 6 February 1917), as amended up, to 13 April 2011.
Remarks: The Political Constitution of the United States of Mexico applies to all Mexican States.
LEGAL DEFINITIONS
Working time/working hours
Hours of work shall mean the time during which the worker shall be at the employer’s disposal for the performance of work.
Federal Labour Act Art.58
Employee/worker
The term "employee" shall mean any individual who renders work to another individual or legal entity.
Federal Labour Act Art.8
Employer
The term "employer" shall mean any individual or legal entity using the services of one or more worker(s).
Federal Labour Act Art.10
Overtime/overtime work
Overtime work is the work which extends the normal daily hours in case of accident, inminent risk for the life of the worker(s), employer or when exceptional circumstances occurs.
Federal Labour Act Art.65, 66
Night work(er)
Night work is the work performed in the interval between 8 p.m. and 6 a.m.
Federal Labour Act Art.60
Domestic worker
Domestic workers are the workers who provide sanitation, assistance and other services that are usually performed at someone’s home.
Federal Labour Act Art.331
Young worker
Workers who are older than 14 years of age or younger than 16 who have finished their compulsory school education, except if the competent authority authorizes the conciliation of both, work and studies.
Federal Labour Act Art.22 Political Constitution Art.123 A,III
NORMAL HOURS LIMITS
Daily hours limit
General limit
The daily hours limit is set in 8 hours.
Federal Labour Act Art.61 Political Constitution Art.123(A,I)
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Special categories
» Night work
The hours limit for night work is set in 7 hours, and 7 hours and a half when the worker performs day-and-night work.
Federal Labour Act Art.61 Political Constitution Art.123
» Young workers
The hours limit for young workers (under 16) is set in 6 hours, and these hours must be divided into two periods not exceeding 3 hours each with a rest break of at least 1 hour between them.
Federal Labour Act Art.177 Political Constitution Art.123 (A,III)
» Domestic work
The daily hours limit for domestic workers is set in 8 hours.
Political Constitution Art.123(A,I)
Weekly hours limit
General limit
Although no expressly mentioned in the legislation, the weekly hours limit is 48 hours, taking into account the 8 hours daily limit and the 1 day minimum weekly rest period.
Federal Labour Act Art.61,69
Historical data (year indicates year of data collection)
2009: 48 hours (no explicit weekly limit - 8 hour daily limit and 1 day minimum weekly rest period).
2007: 48 hours (no explicit weekly limit - 8 hour daily limit and 1 day minimum weekly rest period).
1995: (8 per day)
OVERTIME WORK
Criteria for overtime
General
In the event of catastrophe or of imminent danger, in which the worker’s life, the lives of his fellow workers or of the employer or the very existence of the undertaking are imperilled, the daily hours of work may be prolonged for the times strictly indispensable to combat such dangers.
The daily hours of work may also be prolonged on account of exceptional circumstances, on the condition that they do not exceed the normal hours of work in three a day, and that such exceptions are not made more than three times a week.
Federal Labour Act Art.65,66
Limits on overtime hours
General limits
The general limit for overtime is set in 3 hours per day, and not more than 3 times per week.
Federal Labour Act Art.66 Political Constitution Art.123 A XI
Historical data (year indicates year of data collection)
2009: 3 hours per day, not more than 3 times per week
2007: 3 hours per day, not more than 3 times per week
1995: 3 hours per day, but not more than 3 times per week
Restrictions/exceptions
When overtime hours are worked due to a catastrophe or to imminent danger, the daily hours limit can be exceeded to the extent necessary to combat the danger.
Federal Labour Act Art.65
Compensation for overtime work
Overtime rate(s)
Overtime hours shall be paid with an 100% increase of the normal rate. If the worker has performed more than 9 hours of extra work per week he is entitled to 200% of compensation.
Federal Labour Act Art.67,68
Historical data (year indicates year of data collection)
2009: 100% increase. If the worker has performed more than 9 hours of extra work per week he is entitled to 200% of compensation.
2007: 100% increase
1995: 100% premium during working days and on public holidays; 200% for hours exceeding the 9-hour weekly overtime limit.
Special categories
Young workers
Young persons under 16 may not work overtime. If this provision is not observed, the overtime shall be paid at the rate of three times the normal wage for the daily hours worked.
Federal Labour Act Art.178 Political Constitution Art.123 A XI
SCHEDULES
General
The worker and the employer will fix the duration of the daily hours of work as far as it does not exceed the maximum stated by the law. The workers and the employer may schedule the working hours in order to allow workers to enjoy the rest on the saturday’s afternoon or other moment.
Federal Labour Act Art.59
REST PERIODS
Rest breaks
General provisions
During the working day the worker is entitled to enjoy at least one half hour rest break.
Federal Labour Act Art.63
Historical data (year indicates year of data collection)
2009: At least one half hour.
2007: At least one half hour.
1995: 30 minutes for each ordinary working day.
Special categories
» Young workers
Young workers are entitled to enjoy at least one hour as rest period between the two periods of work on the same day.
Federal Labour Act Art.177
» Domestic work
Domestic workers are entitled to enjoy enough breaks during the working day to take meals.
Federal Labour Act Art.333
Daily rest periods
Duration
(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
2009: (No general statutory provisions on daily rest.)
1995: No legal provision.
Special categories
» Domestic work
Domestic workers are entitled to enjoy enough rest during night.
Federal Labour Act Art.333
Weekly rest periods
Duration
» General
All workers are entitled to enjoy 1 day of weekly rest with full pay after 6 days of work performed.
Federal Labour Act Art.69 Political Constitution Art.123 A IV
Historical data (year indicates year of data collection)
2009: 1 day
2007: 1 day
1995: 1 day for 6 days of work.
Day specified
» General
As far as practicable the weekly rest day is Sunday.
Federal Labour Act Art.71
» Exceptions
In cases of work which needs to be performed continuously, the workers and the employer shall agree on the days that workers will enjoy the weekly rest.
Federal Labour Act Art.70
Work on weekly rest day
» Compensation (for working on a rest day)
Workers who work on a Sunday shall be entitled to a remuneration with an increment of at least 25% of the normal salary.
Federal Labour Act Art.71
Special categories
» Young workers
Young workers under 16 may not work during rest days. If this provision is not observed, the overtime work shall be paid at the rate of three times the normal wage for the daily hours worked.
Federal Labour Act Art.178,73, 75
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
The duration of the annual leave is set in 6 working days minimum, after one year of service with the same employer. This duration shall be increased by two working days (up to a maximum of 12) for each subsequent year of service. After the fourth year, the vacation period shall be increased by two days for every five years of service.
Workers who perform discontinuous and seasonal work are entitled to an annual holiday period in proportion to the number of the working days performed in the year.
Federal Labour Act Art.76,77
Historical data (year indicates year of data collection)
2009: 6 working days minimum, after one year at th service of the same employer. The minimum amount of six days shall be increased by two working days (up to a maximum of 12) for each subsequent year of service. After the fourth year, the vacation period shall be increased by two days for every five years of service.
Workers who perform discontinuous and seasonal work are entitled to an annual holiday period in proportion to the number of the working days performed in the year.
2007: 6 working days minimum
1995: 6 working days.
» Exceptions
Payment
» Amount
Workers are entitled to an extra bonus of not less than 25% of the wages perceived in respect of the leave period.
Federal Labour Act Art.80
Schedule and splitting
Annual leave shall be enjoyed within the 6 months after the reference year of work. The employer shall issue a yearly record for each worker stating his length of service and, based on that, the period of leave entitlement and the date on which the leave is to be taken.
Workers shall enjoy continuously at least 6 days of leave.
Federal Labour Act Art.81, 78
Work during annual leave
Annual leave cannot be replaced by remuneration.
Federal Labour Act Art.79
Special categories
» Young workers
Young workers (under 16) shall enjoy a paid leave of at least 18 working days per year.
Federal Labour Act Art.179
PUBLIC HOLIDAYS
Number and dates
The following days shall be compulsory rest days: 1 January, 5 February, 21 March, 1 May, 16 September, 20 November, 25 December. The first day of December is a public holiday every six years, when the new Federal Executive takes office. In addition, election days are compulsory rest days when established as such under federal or local regulations.
Federal Labour Act Art.73,74 (I,II,III,IV,V,VI,VII,VIII,IX)
Payment
Public holidays are paid.
Federal Labour Act Art.75
Work on Public Holidays
» Criteria
The workers and the employers will agree on the number of workers that in each establishment shall perform work during the compulsory rest days. In absence of such agreement the decision will take place by the Permanent Committee of Conciliation or the Committee of Conciliation and Arbitration.
Federal Labour Act Art.75
» Compensation
Workers who work on the compulsory rest days shall be entitled to receive in addition to the normal wage, double wages in respect of the work performed.
Federal Labour Act Art.73
EMERGENCY FAMILY LEAVE
Relevant provisions on emergency family leave have not been identified.
PART-TIME WORK
Relevant provisions on part-time work have not been identified.
NIGHT WORK
Criteria for night work
Night work is the work performed in the interval between 8 p.m. and 6 a.m.
Federal Labour Act Art.60
Limits
Daily hours limit
Night work hours cannot exceed 7 hours per day.
Federal Labour Act Art.61 Political Constitution Art.123
Special categories
Young workers
Young workers under 18 years of age cannot perform night work in industrial establishments and workers under 16 in non-industrial establishments after 10p.m.
Federal Labour Act §175(I-g-II)
SHIFT WORK
Relevant provisions on shift work have not been identified.
ON-CALL WORK
Relevant provisions on on-call work have not been identified.
FLEXITIME
Relevant provisions on flexitime have not been identified.
CASUAL WORK
Relevant provisions on casual work have not been identified.
SHORT-TIME WORK/WORK-SHARING
Relevant provisions on short-time work have not been identified.
RIGHT TO CHANGE WORKING HOURS
Relevant provisions on right to change working hours have not been identified.
INFORMATION & CONSULTATION
Information
The employer shall issue a yearly record for each worker stating his length of service and, based on that, the period of leave entitlement and the date on which the leave is to be taken.
Federal Labour Act Art.81
Results generated on: 19th April 2024 at 21:12:54.
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