As every year, there are official holidays, that are those established by article 74 of the Federal Labor Law (LFT), which include: January 1 (New Year); February 5 (Constitution Day), this day is rested on the first Monday of the month; March 21 (Birthday of Benito Juárez), rested on the third Monday of the month; May 1 (Labor Day); September 16 (Independence Day); November 20 (Anniversary of the Mexican Revolution), rested on the third Monday of the month; December 1 of every six years, when it corresponds to the transmission of the Federal Executive Power; 25th December (Christmas); and the day determined by federal and local laws, in the case of ordinary elections, to carry out the electoral day.

In Mexico, we also have unofficial holidays, which include: Holy Thursday and Friday; May 5th (Battle of Puebla); May 10 (Mother’s Day); October 12 (Columbus Day); November 1 and 2 (Days of the Dead); December 12 (Day of the Virgen de Guadalupe); and, in the states that are on the coasts, the days of carnival. Some of the days mentioned could be made official through the negotiations of the Collective Labor Agreements (CCT), these are the so-called “union conquests”, as long as there is a union and a CCT.

The difference between official and unofficial holidays is that the former (i) shall be rested on a mandatory basis, and if they are worked, they must be paid in accordance with the provisions of article 75 of the LFT, that is, in addition of the payment of the rest day, an additional two hundred percent must be paid for the service provided; and (ii) are considered as part of the inalienable rights established in the LFT. On the other hand, unofficial holidays may or may not be granted by the employer to its employees, according to its customs, productivity or needs, and if he does not grant them those days and the employees are absent, the employer may deduct the corresponding pay days from them on the respective week; additionally, if there is any sanction in the Internal Work Regulations, the employer may impose it without any responsibility on its part.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require, including regarding official and unofficial holidays in Mexico.