Note published on September 27 in El Economista, Empresas [Companies] Section by María del Pilar Martínez.
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In an interview with El Economista, lawyer Óscar de la Vega considered that “the Federal Labor Law establishes the minimum number of days, and it is through collective bargaining that other benefits are increased: both the number of vacation days and the corresponding vacation bonus, and the year-end bonus.”
The proposal to increase the number of vacation days for workers that will be discussed by legislators requires a deeper analysis, labor lawyers agreed, warning that the Federal Labor Law establishes the minimums to be granted to the workers and each union organization may negotiate benefits, such as the number of vacation days, in each collective bargaining agreement.
In an interview with El Economista, lawyer Óscar de la Vega considered that “the Federal Labor Law establishes the minimum number of days, and it is through collective bargaining that other benefits are increased: both the number of vacation days and the corresponding vacation bonus, and the year-end bonus.”
He explained that the fact that a minimum number of days established by law allows each company, within its possibilities, to meet the workers’ demands.
“They have forgotten that the number of mandatory rest days established by Law is seven and they have to be added to this matter as, in many cases, there are additional days in collective bargaining agreements”, stated Óscar de la Vega.
In this sense, Germán de la Garza de Vecchi, Laboral Services leader at Deloitte México, said that it is important that an in-depth analysis be conducted, because the minimums granted by law are not applied in some cases and this would leave little room for negotiation with union organizations, who progress in their benefits “in accordance with the financial results reported by the company.”
The discussion in the Senate of the Republic on the reform to the Federal Labor Law to have “proper vacations” is expected to take place this Tuesday; this would mean that the number of vacation days for the first year in a job would increase from 6 to 12 days.
In the case of the private sector, while showing no opposition to an advance in labor rights, they have expressed their concern because it means doubling the number of vacation days “in a single stroke”.
“Formal hiring becomes more expensive, which encourages informality in the country, being an employer becomes so expensive”, said De la Vega.
