Los official holidays established in the Federal Labor Law (LFT) are dates on which employees are not required to report to their workplaces and, in case of carrying out work activities, they must receive an extra payment.
The holidays are additional to the vacations to which workers are entitled based on their seniority and that starting next year will be increased after the reform approved by the Congress of the Union.
The labor legislation contemplates at least seven official holidaysthese will be the dates in 2023:
- Domingo January 1 for new year
- Monday February 6th for the anniversary of the Constitution
- Monday March 20 for the birthday of Benito Juárez
- Monday may 1 for labor day
- Saturday 16 of September for the Anniversary of the Independence of Mexico
- Monday November 20 for the Anniversary of the Mexican Revolution
- Monday December 25th at Christmas
In this way, in the months of February, March, May, November and December of next year there will be a bridge for workers. September will be left out of the formula, since the 16th will fall on Saturday.
“Los holidays or public holidays their purpose is for workers to celebrate, with complete freedom, the civic or religious festivities that are commemorated on those dates”, indicates the Federal Attorney for the Defense of Labor (Profedet).
In addition to the previous list, there is unofficial holidays that some workers get to have as days off, but it should be clarified that they are not recognized by law as mandatory breaks. By 2023 these will be the following:
- Thursday 6 and Friday 7 April for Easter
- Wednesday May 10 for Mother’s Day
- Thursday, November 2 for the Day of the Dead
- Tuesday December 12 for the Day of the Virgin of Guadalupe
In addition to this, the calendar of the Ministry of Public Education (SEP) establishes in its calendar for the 2022-2023 school year the following dates for suspension of classes:
- Friday, January 27, Council meeting
- Monday, February 6, official holiday
- Friday March 17, Council meeting
- Monday March 20, official holiday
- Friday April 28, Council meeting
- Monday May 1, Labor Day
- Friday May 5, for the Battle of Puebla
- Monday May 15, for Teacher’s Day
- Friday May 26, Council meeting
- Friday June 30, Council meeting
Students and teachers will also enjoy from April 3 to 14 of the Easter holiday period. The dates for the summer vacations and holidays for the rest of 2023 will be announced by the SEP in its calendar for the 2023-2024 school year.
What happens if I work on an official holiday?
The LFT establishes that workers who work on a mandatory holiday must receive, in addition to their normal salary, double salary payment for the day worked. In other words, working on a holiday is equivalent to triple daily pay.
According to Profedet, when the holiday coincides with a Sunday, and the person works that day, they have the right to receive triple pay and additionally a 25% Sunday prime on the daily salary received.
The labor law contemplates sanctions between 24,055 and 481,100 pesos for failing to pay for working during a mandatory holiday.
In addition to this, official holidays cannot be taken on vacation account. In the event that a worker requests his vacation period during a holiday, this will be additional to the days off to which the employee is entitled.
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