Reforma laboral 2022 aumento de vacaciones

El 3 de noviembre fueron aprobados por el pleno del Senado de la República los cambios a la Ley Federal del Trabajo bajo los cuales se busca elevar de 6 a 12 días el mínimo de vacaciones al que tienen derecho las personas que trabajan en el sector privado formal.

The explanatory statement of the initiative is based on the following statistics:

• The World Health Organization estimates that Mexico has a 75% prevalence of stress in its workforce , a situation that places it in first place above the world's leading economies such as China 73% or the United States 59%.
  
• Mexico is the country where people work the most hours in the world ( 2,124 hours per year) according to the OECD.
• Mexico is the country with the fewest vacation days in the world , below nations such as Cuba, Panama or Nicaragua, which offer 30 days from the first year of work.

The proposed reform consists of the following articles:

• Article 76. Workers with more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which shall increase by two working days, up to twenty, for each subsequent year of service. Beginning with the sixth year, the vacation period shall increase by two days for every five years of service.
• Article 78. Workers must enjoy at least 12 continuous days of vacation.

According to the initiative, the proposed changes are just the first step in a broad agenda of labour rights pending in our country, with the aim not only of ensuring that minimum conditions and other rights are at least comparable to those provided for in international instruments, but also of establishing working conditions that respond to new forms of employment.

Companies must take into account that this reform will imply an increase in holiday bonuses and compensation. They must also take into account the changes in individual and collective contracts that are applicable and, in certain cases, the hiring of temporary staff.

The initiative will continue with the legislative process in the Chamber of Deputies. Once it is published in the Official Gazette of the Federation, it will be in force. It is estimated that this reform will come into force on January 1, 2023 or the day after its publication.

For more information about this announcement, please do not hesitate to contact the following professionals: