October 01, mandatory rest day

Recently, a decree was published in the Official Gazette of the Federation (DOF) that establishes October 1 as a mandatory day of rest in Mexico, replacing December 1, which was previously contemplated every six years due to the transition of the Federal Executive Power. This new provision, which has already entered into force, requires workers and employers to adjust their work schedules in accordance with current legislation.

In this regard, starting this year, October 1, due to the presidential transition, will be considered a mandatory rest day for all workers in the national territory. This implies that any employee who provides their services on that date must be remunerated in accordance with the provisions of article 75 of the Federal Labor Act (LFT). Specifically, the article states that, in addition to the wage corresponding to the working day, the worker must be paid an additional wage equivalent to twice the daily wage for the services provided. In clear terms, this means that the worker will receive regular pay for their working day, plus twice that amount for work on a mandatory day of rest. For example, if a worker earns a daily wage of $150.00, working on October 1, they should receive a total of $450.00 ($150.00 for the regular day, plus $300.00 for work on a day off).

Article 75 of the LFT also states that workers and employers may jointly agree on the number of employees who must work on that day. If no agreement is reached, the Court will make the decision. Those workers who are forced to work on October 1 will be entitled to receive the corresponding remuneration, as established by law.

We share this information with you in the hope that it will be useful to you when planning this date in your companies and defining the management of your personnel during this non-working day.

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