At what time should I demand payment for vacation or vacation bonus if they haven’t given it to me

The payment of holidays and holidays with cousinsThese are a few benefits that employees should request after signing an employment contract with the company. However, there is a certain time limit to be able to claim the amount of these rights, in case they are not paid or deducted by the employee and we will give more details on this below.

First of all, it should be remembered that from January 1 of this year, the new decent holiday reform, which supports federal labor law. Thus, people who can prove one year of service in their job will be entitled to an annual period of paid leave.

From 2023, people who met one year in your company you can enjoy up to 12 days of continuous rest and not just six, as previously allowed.

After the working year, they will increase by two days until they reach 20 years. In other words, if I reach two years, they will have the right to 14 days and so on up to five years. From the sixth year in the company, the period will increase by two days for five days of service.

Holidays can be taken continuously or in parts, at the choice of the worker and after mutual agreement with the employer. According to Article 81 of the Federal Labor Law, vacation must be granted to workers within six months of the end of the year of service.

During the employee’s season of absence, the employer must continue to pay him the ordinary salary he normally receives.

We must also consider the one-time payment of the holiday bonus, which is equivalent to the 25% of the worker’s salary. Thus, you will have to divide the amount of the daily salary by 30, then you will have to multiply this amount by the vacation days to which you are entitled.

For example, if Sofía has a monthly salary of 13 thousand pesos, his daily salary is 433 pesos and justifies at least 4 years of seniority in the company.

Your holiday bonus would then be calculated as follows:

433 pesos x 18 days x 0.25 = 1,948 pesos would be the amount they should pay you.

However, in the event that neither the vacation days to which you are entitled nor the resources of the vacation bonus are paid, you have a specific deadline to make the request.

The interested party will have up to one year time to be able to demand their corresponding payments.

To receive legal advice, you will need to visit the offices of the Federal Labor Attorney (It will help), where you may be assigned a lawyer to receive personalized attention.

Vacation time or vacation days will be granted based on each employee’s seniority. The new dignified holiday decree was signed by President Andrés Manuel López Obrador on December 27, 2022, after approval by the Senate.

The President assured the importance of having a decent holiday period, as he assured that it is a good decision for both workers and companies in the country.