We are not a law firm. Do not consider our information as legal advice. This information has been summarized based on our legal inquiries. Information can become obsolete from one day to another due to changes in laws, regulations, or government procedures. Consult labor and tax attorneys for legal advice. (Note from HR Mexico staff)
Handling Vacation Days in Mexico
The law guarantees six (6) days of vacation for the first year of services. Thereafter it increases by two working days successively until reaching twelve (12) days, After the fourth year, the vacation period will increase two days per every five years of service, as indicated in Art. 76 of the Federal Labor Law.
Here is a chart on how vacations days increase:
5 to 9 14
10 to 14 16
14 to 19 18
The above schedule is the federal minimum for vacation days in Mexico. An increase in the vacation days can be negotiated into the employment contract between the employer and the employee on a case by case basis.
Employees are entitled to a minimum vacation bonus of not less than twenty five (25%) percent over the salaries that correspond to them during the vacation period, as indicated in Art. 80 of the Federal labor law.
To calculate the vacation bonus based on 25% and a salary of $50,000 USD per year:
We have the case of an employee who has been working with us since July 12, 2010 he has by contract 17 days of vacations a year, he just took 13 hrs of vacation on December 2011, how many vacation days would he have accumulated to date if all this time he has been working and receiving his normal salary? What is the right way to manage the vacations, timing, payment and enjoyment, can the employee refuse to receive payment for vacation days from previous years?