Background
In Mexico, the next October 1st 2024, will be the date for the transition of the Federal Executive Power, where Claudia Sheinbaum Pardo will be formally appointed President of the Republic before the Congress of Union.
In 2018, it became effective the amendment to Article 83 of the Political Constitution of the United Mexican States (“PCUMS“) so that the transmission of the Federal Executive Power will take place on October 1st” every six years, when prior to the amendment, it was performed on December 1st.
However, the Federal Labor Law (“FLL“) establishes in article 74, section VII, that a mandatory day of rest will be December 1st of every six years, as of the date of transfer of the Federal Executive Power.
As consequence, the FLL does not provide for October 1st of every six years as mandatory day of rest. However, on September 18th, 2024, the Senate of the Republic approved the establishment of October 1st”, as a mandatory day on the transition of the Federal Executive Power, instead of December 1st.
The executive order will become effective the day after its publication in the Official Official Gazette of the Federation. It has not yet been published.
Therefore, in accordance with Article 17 of FLL, in case of absence of an express provision, similar cases and general principles derived from other laws and regulations must be considered, and as a result, October 1st must be a mandatory day of rest.
It is to be noted that in the event that any duties are performed at the workplaces in October 1st, the working day plus double of the ordinary daily salary must be paid to the employees, in accordance with article 75 of the FLL.
