LEGAL ALERT: Election day -Mandatory rest day.
On June 6th, 2021, federal and local elections will be held in Mexico. For such purposes, employers should be aware that such date is considered to be a mandatory rest day for labor purposes. Therefore, they must consider various employer obligations if their employees work on June 6th, 2021. Please find herewith the applicable legal framework:
Should Sunday, June 6th, 2021, be considered a mandatory rest day for labor purposes?
Yes, June 6th, 2021 is considered to be a mandatory rest day for labor purposes. Therefore, if an employee works on such day, the employer is obligated to pay double salary for the service provided in addition to the salary corresponding to mandatory rest.
Although the Mexican Federal Labor Law (“LFT“) does not specifically establish that the sixth day of June is a mandatory rest day, it does establish that in the case of ordinary elections, the electoral laws may decree the day of the election as a mandatory rest.
Likewise, the electoral laws, and specifically Article 22.2 of the Mexican General Law of Electoral Institutions and Procedures (“LGIPE“), establishes that “The day on which ordinary federal elections must be held, shall be considered to be non-working days“. Therefore, June 6th, 2021 is to be considered a mandatory rest day for labor purposes.
What other obligations do employers have if employees of the company operate on Sunday, June 6th, 2021?
It is necessary to note that the LFT also establishes that on election day all employers are obligated to grant their workers the time necessary to exercise their vote. In other words, depending on their working schedule, the employees might work fewer hours on such day than the daily or agreed-upon period, considering that the polls open at 8:00 a.m. and close at 6:00 p.m.
What are the possible penalties or legal consequences in case of non-compliance with such obligations?
In accordance with the LFT, fines of up to 5,000 Units of Measure and Actualization may be imposed for non-compliance with these regulations. Additionally, the worker would have the right to initiate labor actions against the employer for the breach of said norms.
In the event that you would like to receive further information relating to a mandatory rest day on election day, please contact one of the following attorneys:
Alejandro Pedrín | email@example.com
Héctor Torres-López | firstname.lastname@example.org
Leobardo Tenorio-Malof | email@example.com
Mauricio Tortolero | firstname.lastname@example.org
Daniel Gancz-Kahan | email@example.com
Alejandro Ceballos | firstname.lastname@example.org
Elio Sánchez | email@example.com
Iván Curiel-Villaseñor | firstname.lastname@example.org
Raúl Escamilla-Sanromán | email@example.com