Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about which day of rest should be granted to workers in accordance with Article 74 of the Federal Labor Law. This law still established that the mandatory day off was Dec. 1 every six years.

Accordingly, on Sept. 18, 2024, the upper chamber of the Congress of the Union approved the change to Section VII of Article 74 of the Federal Labor Law, which now establishes Oct. 1 every six years as a holiday due to the change in the federal executive.

In this context, Oct. 1, 2024, will be considered a mandatory day of rest for workers in Mexico, with the employer obligations of payment for those who work on that day, primarily:

• payment to workers of the salary corresponding to the mandatory day off, plus an additional double salary for the service provided during the holiday, in accordance with the second paragraph of Article 75 of the Federal Labor Law

In the coming days, the presidential decree is expected to be issued and published in the Official Journal of the Federation (Diario Oficial de la Federación).

Please contact the authors if you have any questions regarding this legislative change or other labor and social security matter that may impact business operations.

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