Vacation reform advances in Chamber of Deputies; define changes to the project

The Labor and Social Welfare Commission of the Chamber of Deputies already has the draft opinion of the decent vacation reform with a change in the formula of how working people will enjoy rest days.

Although the project that will be voted on by the members of the commission does not modify the new legal minimum floor of 12 days unanimously approved in the Senate, the deputies do propose that by law workers enjoy “at least six days of vacation in of the total period that corresponds to it”.

“We see the need to allow working people to enjoy their vacation time according to their needs, always respecting the power and their right to agree with the employer on the times and the way to enjoy the days that they have in their favor, which may be taken continuously or partially ”, refers to the draft opinion.

The Commission is summoned for an extraordinary session this Tuesday, December 6, the holiday reform It is the only item on the agenda. If approved, the project would be ready for a vote in plenary, but it would have to be returned to the Senate for its endorsement.

The other change to the draft approved by the senators contemplated in the document is to mention verbatim in the Federal Labor Law (LFT) the employees right to agree with your employer the way and times in which you want to enjoy your vacation.

Meanwhile, the transitory articles would remain as approved by the Upper House, that is, the reform would enter into force on January 1, 2023 or the day after its publication in the Official Gazette of the Federation (DOF), if this occurs after the first day of the following year.

In interview with The EconomistDeputy Manuel Baldenebro Arredondo, president of the Labor Commission, acknowledged that they were exploring the possibility of making the continuous vacation days that workers could take more flexible.

The draft opinion that will be voted on by the commission indicates that this change would be for the benefit of both the workers and the small and medium businesses. “For the benefit of both parties, it is estimated that there should be the possibility of reaching agreements between employers and workers to disperse the vacation period throughout the working year with a minimum of six continuous days.”

This is so because in the case of small and medium businesses they cannot stop their activities and must reorganize their staff to make up for absences, but there are also specialized activities that cannot be substituted, says the project.

The bill approved by the Senate contemplated that employees had to enjoy a rest period of at least 12 continuous dayswith the new text it would be established that the minimum would be six consecutive days.

“The provision could be unfavorable not only for the workplace, but also for the workers themselves because it limits the possibilities that employers and workers Agree to defer these days so that they are distributed as best suits both parties”, the project indicates.