2023-05-30 20:44:50
From the very entry into force of the reforms to the Federal Labor Law, that extended the vacation period from January 1, the labor lawyers began to receive complaints from workers against the bosses who refuse to recognize this inalienable right.
Even after the reform was published in the Official Gazette of the Federation, some employers, generally of micro and small companies, tried to force the workers to sign new contracts. If they did, they lack validity before the labor authorities.
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Finally, he explained Jorge Flores Santoyo, specialist in Labor Law, the employers prefer to recognize the vacation right to pay heavy fines and agree to give them the rest days that the law establishes.
”The right is from January 1, they do not need to serve a year, it is not true, there they are sweeping it or they are evading to avoid paying them. The right was born from the first of January.
He clarified that most of those affected do not sue for fear of dismissal, of suffering labor reprisals, there are those who agreed to sign new contracts in order to keep the job and give up the benefit of more vacations per year worked, which is illegal.
“There are inalienable rights of the workers, so they can sign 100 contracts, absolutely nothing happens, and these types of contracts are illegal, they have no legal validity, the worker is ultimately obliged, but if a procedure is opened, those contracts are not valid They are not going to attack their own interests, it is coercion”.
Title 16 of the LFT indicates that “andFailure to comply with the rules relating to the remuneration of work, duration of the day and breaks, contained in a contract of law or in a collective bargaining agreement, will be sanctioned with a fine equivalent to 250 to 5 thousand times the Unit of Measurement and Update”.
The fines range from 25 thousand 935 pesos to the 518 thousand 700 against the bosses who try to evade the law. Given this, they prefer to grant vacations in accordance with the Law. There are inalienable rights of workers and the judges are closely monitoring that they are fulfilled, he assured.
The reform included two transitory articles to establish that the validity of the legal changes would apply as of January 1 and that “They will be applicable to individual or collective labor contracts in force on the date of their entry into force, whatever their form or name, provided that they are more favorable to the rights of workers.”
Even, explained the lawyer, the right can be sued by the worker even if there is no contract in writing, only verbal, since they have the same validity and the Law is of general application.
Article 76:
”Workers who have more than 1 year of service will enjoy an annual paid vacation period, which in no case may be less than 12 working days, and which will increase by 2 working days, up to 20, for each subsequent year. of services… from the sixth year, the vacation period will increase by 2 days for every 5 days of service”.
Article 78:
”Of the total of the corresponding period, you will enjoy 12 days of continuous vacation, at least. Said period, at the discretion of the worker, may be distributed in the manner and time required.
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