Chihuahua, Chih., January 5th, 2023.
Dear Clients and Friends.
Last December 27, the Decree amending Articles 76 and 78 of the Federal Labor Law (LFT) was published in the Official Gazette of the Federation, effective as of January 1, 2023.
As of the aforementioned date, all workers in Mexico will be entitled to 12 consecutive days of vacation as of the first year of work completed, which will increase by two days until the fifth year until reaching 20 days, and thereafter, it will increase by two days every 5 years as illustrated below:
| Years of service | Vacation Days |
| 1 | 12 |
| 2 | 14 |
| 3 | 16 |
| 4 | 18 |
| 5 | 20 |
| 6 a 10 | 22 |
| 11 a 15 | 24 |
| 16 a 20 | 26 |
| 21 a 25 | 28 |
| 26 a 30 | 30 |
| 31 a 35 | 32 |
Frequently Asked Questions.
How many days of vacation should an employee who celebrates his or her first anniversary of employment during the year 2023 receive?
12 days of vacation will correspond to him/her, even if he/she joined the company before the reform.
How many days are due to an employee who completed his service anniversary in 2022, but who will enjoy his vacation in 2023?
He/she will be entitled to the vacation days according to the legislation of 2022 and will enjoy them according to the anniversary of work completed, regardless of the date on which he/she will enjoy them.
Is it possible to account proportionally the vacation days of 2022 and 2023 when an employee has his anniversary during the year 2023?
NO, since the employee’s right to enjoy a vacation period is generated when he/she completes his/her anniversary of service, therefore, it must be accounted for in accordance with the new rule.
In this law firm we remain at your service for any questions or comments related to the information required, so we recommend to remain attentive to the new provisions and criteria to be issued to the particular subject.
Responsible for the publication.
Daniel Alfonso Jiménez Lara / Partner and responsible for the Labor Practice Group.
