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)
Shifts & Federal Holidays in Mexico
There are three Work shifts stated in federal labor law regardless of employee type or position:
• Day shift comprise 48 hours / week (between 6 am to 8pm )
• Night shift comprise 42 hours /week (between 8 pm to 6am)
• Mixed shift comprise 45 hours /week
• Day shift comprise 48 hours / week (between 6 am to 8pm )
• Night shift comprise 42 hours /week (between 8 pm to 6am)
• Mixed shift comprise 45 hours /week
There are two considerations to determine if overtime hours are considered double or triple paid hours:
• The total amount of overtime hours worked during the work week.
• The amount of hours worked during a single day after a regular shift.
The first nine overtime hours during the week are considered double, every hour after that is considered triple. The first three hours after a regular shift are considered double hours, every hour after that is considered triple regardless of the number of overtime hours worked during the week.
Question:
If an employee is scheduled to work on a Sunday (and works that day) what should he/she be paid?
Answer:
If Sunday is a normal work day for the employee, he is entitled to a 25% Sunday premium (Art. 71 II LFT).
Question:
If an employee is not scheduled to work on a Sunday (and works that day) what should he/she be paid?
Answer:
If Sunday was his day off and he had to work on that Sunday, then he is entitled to an additional 225% on top of his normal salary (200% for working on his day off (Art. 73 LFT) and 25% for working on a Sunday (Art. 71 II LFT).
Question:
How often can you adjust a person’s work schedule?
Answer:
There exists no statutory limit (no case law found). However, please bear in mind that the employee must be in agreement with the adjustments (Art. 59 II LFT and Art. 70 LFT expressly state that the employer and the employee can adjust the work schedule and the employer and the employee together establish the weekly day off), and the work hours must not be excessive (Art. 62 LFT).
Question:
What extra compensation does an employee receive if he/she works every day Monday – Sunday.?
Answer:
Assuming that the weekly maximum hours per shift are not exceeded, the employee would receive an additional 225% on his Sunday salary (200% because after six days of work he is entitled to a weekly day off (Art. 69 LFT) and 25% for working on a Sunday (Art. 71 II LFT)
Question:
What extra compensation does an employee receive if he/she works 7 days in a row over the course of Two weeks? Ie. Wednesday – Tuesday
Answer:
Again, assuming that the weekly máximum hours per shift are not exceeded, the employee would be entitled to an additional 225% on a daily salary (200% for working on the seventh day, which is supposed to be his day off, Art. 69 LFT) and 25% for working on a Sunday (Art. 71 II LFT).
Question:
What extra compensation does an employee receive if he/she works on their scheduled day of rest?
Answer:
200% on top of the normal salary corresponding to that day (Art. 73 LFT). Again, the employee cannot be forced to work on his scheduled day off (Art. 73 LFT).
Question:
If an employee works more than 48 hours (or 42, depending on shift) and there is a holiday scheduled that week, does they receive extra compensation if the Holiday was not worked? Ie. Tuesday is the Holiday and they work M, W, Th, F, S for a total of 48 hrs.
Answer:
No, if the employee is not scheduled to work on the holiday, he does not receive any extra compensation (based on case law).
Question:
If an employer uses “in lieu of” days around holidays. Is this legal? According to contracts, certain holidays are paid.
Answer:
If an employee has to work on a statutory holiday (unlike on weekly days off, the employee can be ordered to work on a statutory holiday, Art. 75 LFT), he is entitled to an additional 200% on top of his normal daily salary corresponding to the holiday (Art. 75 II LFT). However, the employer and the employee can agree that the employee shall have an unpaid day off on a different day of the week. However, it must be clear that the employee agreed that the compensatory day will not be paid.
Question:
If an employee has worked more than 48 hours (or 42, depending on shift) but was scheduled to work more, can salary be deducted if they miss an extra hours?
Answer:
Unless in case of an emergency that jeopardizes lives or the existence of the company (such as a flood, fire, etc.), in which case the employee is obligated to work the necessary hours with no extra pay (just the normal salary) until the emergency has been overcome, the work shift can only be extended because of extraordinary circumstances and only up to nine (9) hours per week, and these extra hours are paid double (100% on top of the ordinary salary) (Art. 65, 66 and 67II LFT). The employee is not obligated to work more than 9 extra hours per week (Art. 68 I LFT). If the employee works overtime exceeding 9 hours per week, he is entitled to an additional 200% on top of his normal salary corresponding to those hours (Art. 68 II LFT). If an employee works his normal weekly shift and misses extra hours, he is just not entitled to an extra pay but no deductions can be made from his normal salary. However, he may have incurred in absences or disobedience which may give raise to sanctions or a termination.
Question:
If an employee works M-Saturday and Sunday is a Holiday (that they don’t work), how is the individual compensated?
Answer:
He will just receive his normal weekly salary (no extra compensation) (based on case law).
Question:
If an employee is scheduled to work on the night shift, M-Thursday, 12 hrs each day, but falls ill on Thursday and is only able to put in 36 total hours; would he/she receive any OT pay?
Answer:
In my opinion, because the total scheduled weekly work shift was 48 hours (compared to 42 hours permitted by the law), but he only worked 36 hours, and the employee agreed to the distribution of the work shift, he would not be entitled to any extra pay because the weekly work shift did not exceed the 42 hours and the employer and the employee are entitled to distribute the weekly work shift as they please (Art. 59 II LFT).
• The total amount of overtime hours worked during the work week.
• The amount of hours worked during a single day after a regular shift.
The first nine overtime hours during the week are considered double, every hour after that is considered triple. The first three hours after a regular shift are considered double hours, every hour after that is considered triple regardless of the number of overtime hours worked during the week.
Question:
If an employee is scheduled to work on a Sunday (and works that day) what should he/she be paid?
Answer:
If Sunday is a normal work day for the employee, he is entitled to a 25% Sunday premium (Art. 71 II LFT).
Question:
If an employee is not scheduled to work on a Sunday (and works that day) what should he/she be paid?
Answer:
If Sunday was his day off and he had to work on that Sunday, then he is entitled to an additional 225% on top of his normal salary (200% for working on his day off (Art. 73 LFT) and 25% for working on a Sunday (Art. 71 II LFT).
Question:
How often can you adjust a person’s work schedule?
Answer:
There exists no statutory limit (no case law found). However, please bear in mind that the employee must be in agreement with the adjustments (Art. 59 II LFT and Art. 70 LFT expressly state that the employer and the employee can adjust the work schedule and the employer and the employee together establish the weekly day off), and the work hours must not be excessive (Art. 62 LFT).
Question:
What extra compensation does an employee receive if he/she works every day Monday – Sunday.?
Answer:
Assuming that the weekly maximum hours per shift are not exceeded, the employee would receive an additional 225% on his Sunday salary (200% because after six days of work he is entitled to a weekly day off (Art. 69 LFT) and 25% for working on a Sunday (Art. 71 II LFT)
Question:
What extra compensation does an employee receive if he/she works 7 days in a row over the course of Two weeks? Ie. Wednesday – Tuesday
Answer:
Again, assuming that the weekly máximum hours per shift are not exceeded, the employee would be entitled to an additional 225% on a daily salary (200% for working on the seventh day, which is supposed to be his day off, Art. 69 LFT) and 25% for working on a Sunday (Art. 71 II LFT).
Question:
What extra compensation does an employee receive if he/she works on their scheduled day of rest?
Answer:
200% on top of the normal salary corresponding to that day (Art. 73 LFT). Again, the employee cannot be forced to work on his scheduled day off (Art. 73 LFT).
Question:
If an employee works more than 48 hours (or 42, depending on shift) and there is a holiday scheduled that week, does they receive extra compensation if the Holiday was not worked? Ie. Tuesday is the Holiday and they work M, W, Th, F, S for a total of 48 hrs.
Answer:
No, if the employee is not scheduled to work on the holiday, he does not receive any extra compensation (based on case law).
Question:
If an employer uses “in lieu of” days around holidays. Is this legal? According to contracts, certain holidays are paid.
Answer:
If an employee has to work on a statutory holiday (unlike on weekly days off, the employee can be ordered to work on a statutory holiday, Art. 75 LFT), he is entitled to an additional 200% on top of his normal daily salary corresponding to the holiday (Art. 75 II LFT). However, the employer and the employee can agree that the employee shall have an unpaid day off on a different day of the week. However, it must be clear that the employee agreed that the compensatory day will not be paid.
Question:
If an employee has worked more than 48 hours (or 42, depending on shift) but was scheduled to work more, can salary be deducted if they miss an extra hours?
Answer:
Unless in case of an emergency that jeopardizes lives or the existence of the company (such as a flood, fire, etc.), in which case the employee is obligated to work the necessary hours with no extra pay (just the normal salary) until the emergency has been overcome, the work shift can only be extended because of extraordinary circumstances and only up to nine (9) hours per week, and these extra hours are paid double (100% on top of the ordinary salary) (Art. 65, 66 and 67II LFT). The employee is not obligated to work more than 9 extra hours per week (Art. 68 I LFT). If the employee works overtime exceeding 9 hours per week, he is entitled to an additional 200% on top of his normal salary corresponding to those hours (Art. 68 II LFT). If an employee works his normal weekly shift and misses extra hours, he is just not entitled to an extra pay but no deductions can be made from his normal salary. However, he may have incurred in absences or disobedience which may give raise to sanctions or a termination.
Question:
If an employee works M-Saturday and Sunday is a Holiday (that they don’t work), how is the individual compensated?
Answer:
He will just receive his normal weekly salary (no extra compensation) (based on case law).
Question:
If an employee is scheduled to work on the night shift, M-Thursday, 12 hrs each day, but falls ill on Thursday and is only able to put in 36 total hours; would he/she receive any OT pay?
Answer:
In my opinion, because the total scheduled weekly work shift was 48 hours (compared to 42 hours permitted by the law), but he only worked 36 hours, and the employee agreed to the distribution of the work shift, he would not be entitled to any extra pay because the weekly work shift did not exceed the 42 hours and the employer and the employee are entitled to distribute the weekly work shift as they please (Art. 59 II LFT).
