Commissions of San Lázaro modifies minutes of decent vacations; they will defer enjoyment of days

With 17 votes in favor, 4 against and 2 abstentions, the Labor and Social Welfare Commission of the Chamber of Deputies approved modifying the minutes of decent vacation to workers from the Senate.

The opinion, which is expected to be discussed and voted on this Wednesday in the San Lázaro Plenary, included the modification regarding the distribution in the enjoyment of the 12 days of paid vacations per year, which workers will be entitled to from the beginning of the relationship labor.

Thus, the modification establishes that workers may enjoy at least six days of vacation continuously, while the remaining six days may be enjoyed on days agreed with the employer.

If the project is approved, it will return to the Senate for ratification after the new modifications.

In an extraordinary session of the Labor and Social Welfare Commission, Deputy Manuel de Jesús Baldenebro Arredondo (Morena), argued that the modification establishes that employers and workers must reach agreements to disperse the vacation period throughout the working year with a minimum of six continuous days, always respecting the power and their right to agree with the employer the times of enjoy the days that you have in your favor, which may be taken continuously or partially.

He explained that after the analysis carried out, it is observed that establishing that workers enjoy continuous 12 days of vacation could be unfavorable not only for the workplace, but also for the workers themselves because it limits the possibilities for employers and workers to agree to defer these vacations. days to be distributed as best suits both parties and used freely, according to their needs.

It should be noted that originally, the opinion on dignified vacations proposed to amend articles 76 and 78 of the Federal Labor Law, so that workers can continuously enjoy twelve days of vacation, at least; which will increase by two business days up to twenty for each subsequent year of service.

And, that from the sixth year, the vacation period will increase by two days for every five days of services.

While, if the original opinion was approved, these modifications would enter into force on January 1, 2023 or the day after its publication, if it was in 2023; and would be applicable to individual or collective labor contracts in force on the date of their entry into force, whatever their form or name, provided that they are more favorable to the rights of workers.

During the discussion, Deputy Susana Prieto Terrazas (Morena) acknowledged that he was against modifying article 78, stating that “we are in favor of the Senate bill and we believe that its essence should not be changed because vacations must be continuous. I hope that the parliamentary factions analyze the serious mistake that they make when passing this reform with the annotations that they have made” and announced that they will raise reservations before the Plenary.

From MC, the deputy Sergio Barrera Sepúlveda said that Mexico is the country that grants the least vacations, so it is necessary to modify the law. “At this moment we should not change anything and vote on it as it comes from the Senate, but in the event that we vote on article 78 today, our proposal is that we eliminate the second paragraph, and if it is voted as is, let it be clear that it cannot have the worker one less right than the employer. We cannot stop this initiative today.”

Claudia Delgadillo González, deputy of the PVEM, pointed out that they will vote because they are six days continuously and “later, agreed, so that in the micro-enterprises the workers and the employer agree to see how the other six can be varied and that they do not there is such a strong blow to businessmen, because the fact that 12 continuous days are granted harms small and medium-sized businessmen”.

From Morena, the deputy Araceli Ocampo Manzanares said that no one is stopping the ruling because everyone is in favor of approving the 12 days; However, she considered that they must be continuous because, otherwise, they are left in a state of vulnerability to the workers who want to exercise it later and could be victims of threats, repression or dismissal.

Deputy Marco Antonio Natale Gutiérrez (PVEM) said that the worker must benefit without affecting the employer. He considered that if they are accepted, as proposed, the 12 days will cause some companies to hire another person to replace the one who is on vacation, which would cost more. “Let’s analyze it well, the worker will have the right to 12 days of vacation a year, but six together and the others discussed with the employer.”

For the PRI, deputy Tereso Ramírez Medina considered that the reform is good, but it can be perfected; then, “let’s go ahead as it is. My parliamentary fraction is in favor with the intention of not withholding the legislative advance of the 12 days of vacation. It is propitious to call for employers not to abuse workers and to respect the right to decent vacations and to give the worker an advantage so that he can decide how he wants to spend his vacations”.

From the PRD, the deputy Leslie Estefanía Rodríguez Sarabia was in favor of the increase in vacation days, but against the modification made in the Commission because, she affirmed, it does not seek to guarantee the workers’ rightssince instead of 12 continuous days of rest, it is now proposed that there be a minimum of 6, exempting the obligation and evading the possibility of reversing the precariousness of employment conditions through the extension of vacations as a guarantee of sufficient rest.