December 27, 2022 UPDATE:
Rather than the previous minimum 6 legally required paid-vacation days off work for Mexican workers, it’s now a minimum of 12 “continuous”** total paid-vacation days off work for all employees in 2023.
D.O.F. 12/26/2022 (Diario Official de la Federacion)
**Notice that if both the worker & employer mutually agree, the 12 days of vacation do not have to be taken consecutively.
Vacaciones dignas 2023:
AGUINALDO’s !
Nov. 3, 2019
As all the Buen Fin plans …. and as Christmas holiday chatzkies are appearing on store shelves …. as we make our holiday plans … It’s time to remember our beloved household help and employees (including muchachas y mozos).
Please plan ahead to pay them their end of the year Aguinaldos by at least December 20’th …. and Plan to also give them paid Vacation days OFF for the year … Ignore the gringo-myths: The Aguinaldo is NOT a optional bonus. Our Mexican workers and their families count-on and depend on these critical annual payments owed to them.
Because the Annual vacation pay & Aguinaldo payments are mandatory, you can pay them whenever you want … like even ~NOW~ … so they can enjoy using those $$ for the upcoming Buen Fin sales ! (Nov 13 – 17, 2019)
Aguinaldo
Bas
ically the Aguinaldo is 15 days of pay. (calculated on a 7 day work wk).
Specifically, the annual aguinaldo payment is precisely 15 days of “Daily Rate” pay.
It is
not a Christmas bonus. It is a mandatory wage payment that is due by the 20’th of December. The aguinaldo is equivalent to at least “15 days wages”, and may be pro-rated if the employee has been working for you for less than a full year.
Simplified Version to Determine Aguinaldo in $ Pesos $:
# Days Worked per Week x # Weeks Worked x Rate per Day x 15 Days / 365 Days =
Note . The “Daily Rate” is based on a full week. For example, if your maid only works two days per week, and gets paid $700 pesos per week ($350 pesos per day of work). You take the weeks salary of $700 divided by 7
=> $100 pesos is the Daily Rate.
Aguinaldo in $ Pesos $
** If a worker is hired to work by the week, the “Daily Rate” equals their weekly pay … divided by 7. If he / she is hired by the month, the “Daily Rate” is the monthly amount divided by 30.
**Daily Rate Simplest Example…
If you have an employee who works two days a week ~ for the entire year ~ for $350 pesos each day = $700 pesos a week:
$700 pesos / 7 days = $100 pesos per day at their “Daily Rate”
$100 pesos “Daily Rate” x 15 days of Aguinaldo pay = $1500 pesos
Note that if they work only a part year:
An alternate way of calculating the aguinaldo is determined by multiplying the total days they worked in current year by 15, then divide by 365 days, and then multiply by the daily rate:
For a part-year worker coming in for 2 days a month for 9 months =>
18 days … x … 15 days of Aguinaldo = 270
270 / 365 = 0.7392 … 0.74 x $Daily Rate ($100 pesos?) = $ _____
Note . The “Daily Rate” is based on a full week. For example, if your maid only works two days per week, and gets paid $700 pesos per week ($350 pesos per day of work). You take the weeks salary of $700 divided by 7 = $100 pesos is the Daily Rate.
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Vacation Pay – 2023 Update !
Vacation pay for current year worked. … Remember that this is the official Mexican Labor Law’s “Daily Rate” ** (see below) … and remember they should also receive this pay for all past years worked.
1st year – 12 days of Daily Rate pay**
2 years – 14 days
3 years – 16 days
4 years – 18 days
5 years – 20 days
6 to 10 years – 22 days
11 to 15 years – 24 days
16 to 20 years – 26 days
21 to 25 years – 28 days
26 to 30 years – 30 days
31 to 36 years – 32 days
**Daily Rate pay is based on a 7 day work-week calculation. Either divide their weekly pay by 7 to get their Daily Rate pay … or .. Calculate the full year pay, and divide by 365 days to get the Daily Rate pay.
Happy Holidays !
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See more details at our Full Articles:
https://yucalandia.com/answers-to-common-questions/labor-law-for-household-employees-in-mexico-what-must-we-pay/
… and
https://yucalandia.com/answers-to-common-questions/mexicos-new-2012-labor-law-and-the-effects-on-expats-with-household-help/
” Under the final rule, which takes effect in 30 days, a service animal is a dog trained to help a person with a physical or psychiatric disability. Advocates for veterans and others had pushed for inclusion of psychiatric service dogs. ”
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry
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Thank you again for regular publication and distribution of the holiday pay and aquinado computations.
Complicated, for sure, but I’m glad this is mandatory. I live right on the border and can always tell when people have been paid their aguinaldo: long lines at the border.
This is a small border crossing and it’s not unusual for there to be little to no line, but on this day, usually within a week before Christmas, the line to cross north runs for blocks. Everyone want to cross to go Christmas shopping! I NEVER cross around that time. I don’t want to get stuck waiting an hour or so at the border.