The Executive Order for the Reforms to Articles 76 and 78 of the Federal Labor Law modifying, increasing, the length of the vacation periods that workers will have a right to as of January 1, 2023 was published in the Official Gazette of December 27, 2022. This Executive Order is transcribed below.
On the Margin a stamp with the National Coat of Arms, that reads: United Mexican States.- Presidency of the Republic.
ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, let its inhabitants know:
That the Honorable Federal Congress has kindly addressed to me the following
EXECUTIVE ORDER
“THE GENERAL CONGRESS OF THE UNITED MEXICAN STATES PROCLAIMS:
ARTICLES 76 AND 78 OF THE FEDERAL LABOR LAW, ON VACATION MATTERS ARE REFORMED.
Sole Article.- Articles 76 and 78 of the Federal Labor Law are reformed, to read as follows:
Article 76.- Workers who have more than one year of service will enjoy a yearly paid vacation period which in no case may be of less than twelve working days and which will increase by two working days, until it reaches twenty days, for each subsequent year of service.
From the sixth year forward, the vacation period will increase by two days for every five years of service.
Article 78.- Of the total time corresponding to the worker in accordance with the provisions of Article 76 of this Law, the worker will enjoy twelve consecutive days of vacation, as a minimum. Said period, under the control of the worker, may be distributed in the manner and time that he requires.
Transitory Articles
One.- This Executive Order will enter into force on the 1st day of January 2023 or on the day following its publication in the Official Gazette of the Federation, should this publication take place in the year of 2023.
Two.- The amendments that are the object of this Executive Order will apply to individual or collective employment contracts, whatever their format or denomination, in force and effect at the time in which said Executive Order enters into force, provided that these amendments favor the rights of the workers.
Mexico City, December 14, 2022.- Santiago Creel Miranda, President.- Sen. Alejandro Armenta Mier, President.- Cong. Magdalena del Socorro Núñez Monreal, Secretary.- Sen. Verónica Noemí Camino Farjat, Secretary.- Short signatures.”
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Executive Order at the Residence of the Federal Executive Power, in Mexico City, on December 26, 2022.- Andrés Manuel López Obrador.- Short signature.- The Secretary of the Interior Adán Augusto López Hernández.- Short signature
In consequence, the following changes to the number of vacation days that workers will have a right to in accordance with the provisions of Article 76 of the Federal Labor Law will enter into force as of the 1st day of January 2023.
| Years on the job | Number of Vacation Days |
|---|---|
| Year 1 | 12 days |
| Year 2 | 14 days |
| Year 3 | 16 days |
| Year 4 | 18 days |
| Year 5 | 20 days |
| From 6 to 10 years | 22 days |
| From 11 to 15 years | 24 days |
| From 16 to 20 years | 26 days |
| From 21 to 25 years | 28 days |
| From 26 to 30 | 30 days |
| From 31 to 35 | 32 days |
Noting that the continuous increase of two days per year ends on the fifth year and, from the sixth year forward, the number of days increases by two days per year for every 5 years of service.
Likewise, Article 78 of the same regulation is amended, stating that workers must enjoy a minimum of 12 days of uninterrupted vacations, giving the worker the power to distribute said days in the manner and at the time that he prefers.
We remain truly yours for any further information in regard to this reform to the Federal Labor Law.
