December 12 is one of the most significant dates in Mexico due to the celebration of the Virgin of Guadalupe.
Millions of people participate in pilgrimages, ceremonies and celebrations that often raise doubts in workplaces and schools about whether this day should be considered a mandatory rest.
What does the Federal Labor Law say?
The Federal Labor Law specifically establishes a list of official holidays in which workers have the right to rest with full salary, in addition, if due to the necessity of the service they must work, the law orders double payment in addition to the normal salary.
This calendar includes the following dates:
- The 1st January
- The first Monday of February in commemoration of February 5: Constitution Day
- The third Monday of March in commemoration of March 21: birth of Benito Juárez
- The 1st May, Labor Day
- September 16, Mexican Independence Day
- The third Monday of November in commemoration of November 20: day of the Mexican Revolution
- The 1st October of every six years, when it corresponds to the transmission of the Federal Executive Power
- December 25, Christmas
As can be seen, December 12 does not appear in the official list, so it is not considered a holiday or mandatory rest.. Consequently, workplaces are not obliged to suspend work and workers do not automatically acquire the right to receive special payment if they have to report to work.
As it is not an official day of rest, the decision to grant leave on December 12 depends entirely on the employer. Some companies, especially those located in areas with a high influx of pilgrimages, usually grant leaves or half days; however, this is a voluntary practice and not a legal mandate.
For those who do work that day, the corresponding payment will be the usual salary, without an increase. Only if the employer has previously agreed on a different internal or contractual agreement could an additional benefit be generated.
Will there be classes? This is what the SEP says
In the educational field, The school calendar also does not include December 12 as an official day of suspension. Classes continue regularly, unless a particular institution determines otherwise, either due to local tradition or for logistical reasons.
YC