Employing Help in Mexico - Statutory Holiday / Sunday / Christmas Pay
Many and probably most Americans and Canadians living in Mexico have maids and staff. Learn the law for requirement on holidays.
9/6/20231 min read
If an employee is required to work on one of the Official Government holidays, they receive regular payment for the day plus double time for hours worked.
Jan 1 - New Year’s Day
First Monday of February* - Constitution Day
Third Monday of March* - Benito Juárez’ Birthday
May 1 - Labor Day
Sep 16 - Independence Day
Third Monday of November* - Revolution Day
Dec 25 - Christmas Day,
*These 3 days are established by the Mexican law and may be changed to tie in with a weekend.
Sunday Pay
If an employee is required to work on a Sunday, pay + 25% is required. If that employee has worked the other six days of the week, the employee is entitled to overtime pay as well as the 25% premium.
Aguinaldo (Christmas Payment)
Aguinaldo is considered a regular part of an employee’s wages. It is not a bonus and is required by law to be paid to all employees as per Article 87 of the LEY FEDERAL DEL TRABAJO. Payment is to be made before December 20th although many pay a week or more earlier. The Aguinaldo amount to be paid is what an employee would earn over a 15-day period which is half of a typical month.
The easiest calculation is the amount earned in a week divided by 7 to determine the daily rate. Multiply that times 15 days
Example: employee earns 700 pesos in a week, divided by 7 = daily rate of 100 pesos. Aguinaldo is 100 x 15 = 1500 pesos. If employee worked only part of the year, pro-rate this payment. This is to be paid in cash or with prior consent of the worker by bank deposit, debit cards, check, transfers or other electronic means. It is not to be paid in merchandise, vouchers, tokens or any other form intended to substitute currency.