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Quick Hits
- June 2, 2024, and October 1, 2024, are mandatory holidays due to federal elections in Mexico and the presidential inauguration day.
- Employees who work on mandatory holidays are entitled to two times their daily wage in addition to their normal salary for that day.
- Employers must respect and grant employees time to exercise their voting rights, in order to comply with the FLL.
Under Article 74 of the Federal Labor Law (FLL), election days as well as the presidential inauguration day are considered national holidays. Therefore, June 2, 2024, and October 1, 2024 (the day of the president’s inauguration), will be mandatory holidays.
On February 10, 2014, the Mexican Constitution was amended to shift the date of the presidential inauguration from December 1 to October 1.
Considerations if Employees Work on June 2, 2024, and October 1, 2024
Employees are not obligated to render their services on mandatory holidays.
Employers can request that employees work on a mandatory holiday. Employees who agree to work are entitled to two times their daily wage, in addition to their normal salary for that day—in other words, triple pay.
Article 132 of the Federal Labor Law protects employees’ voting rights and mandates all employers to allow them to exercise the right to vote. Employees who agree to work on June 2, 2024, must be allowed to take time off to vote or properly arrange their work schedules to allow time to vote.
Employees cannot—and should not—resign in order to exercise their right to vote, as it is a human right and not subject to any agreement between parties.
Ogletree Deakins’ Mexico City office will continue to monitor developments and will provide updates on the Cross-Border blog as additional information becomes available.
Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins.
Natalia Merino Moreno is an associate in the Mexico City office of Ogletree Deakins.
María José Bladinieres is a law clerk in the Mexico City office of Ogletree Deakins.
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