Mexico City May 28, 2024.
On June 2, 2024, Mexico will participate in federal and local elections; consequently, that day will be considered a mandatory public holiday pursuant to article 74 section IX of the Federal Labor Law. It is important to note that employees who must work that day, will be entitled to receive twice their salary, in addition to the salary that they would have been paid as a holiday.
However, even if the employer requests the employee to work on Sunday, June 2, 2024, it is important to remember that, according to the labor legislation, it is also the employer’s obligation to allow the employees the necessary time to exercise their vote even if it coincides with their working hours.
We strongly suggest that these periods are previously agreed with the union or with the employees (in absence of a union), to avoid any type of misunderstanding and have a better control of the Sunday work shift.
Failing to allow them to cast their vote could result in fines ranging from 50 to 1,500 times the Unit of Measure and Update («UMA» for its acronym in Spanish), which is equivalent to MX MX$5,428.50 to MX$162,885.00 (approximately USD$319.32 to USD$9,580.29) per affected employee, in addition to any criminal liability established by the electoral laws.
This informative note was prepared by Ana Sofia Lazcano and David Puente.
The attorneys at the labor practice of Basham, Ringe y Correa, S.C., remain at your disposal for any questions or comments regarding this note.
SINCERELY,
Jorge De Presno
David Puente
Luis Álvarez
