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Unused Vacation Days


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I'm looking for information about domestic workers and vacation days, more specifically whether days unused from previous years roll over to the next years. I looked through the Mexican labor laws, and have not been able to find any information about this. I would like to find out whether there is anything officially stated around this topic.

Do you know the answer to this, and/or would you be able to help point me in the right direction? 

Thank you

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Vacation pay in Mexico is the same whether workers take their vacation days or not.  Workers are either paid when they take their days off or at the end of the year for the days they did not take off.   But the amount is the same.  There is no premium or bonus paid for workers who choose to work on their vacation days. 

The rationale for this is to encourage workers to take their vacations and rest instead of working on their days off to receive extra pay.  Of course, most sensible employers would choose to pay an employee extra if they volunteered to work on their days off, but that is not required by the law.

Holidays are different -- working on a holiday means the employee receives regular pay plus double-time pay on top of that.

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Thank you for your responses.

From my understanding, workers are entitled to a vacation bonus of minimum 25% of their paid holidays, and this can be paid out in cash. This is aside from the paid vacation days that they're entitled to. I've read on several sites that you're not meant to pay unused vacation days in cash, and that you are not technically allowed to. Of course, there is always an element of choice, but with that premise in mind, I wonder whether these days can be transferred over to the next year if they want to take a longer vacation for example, and whether this is something they're entitled to.

With what you are saying in terms of paying the vacation days at the end of the year, is there any website where I may be able to find more information on that matter?

Much appreciated, thank you.

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Susannah, Some of the understanding you expressed above is correct.  But you have to consider the distinction between between vacation pay and vacation time. 

Vacation pay in Mexico is paid out in cash every year, regardless of whether an employee actually takes their vacation or not.  There is no flexibility in that regard.  Vacation pay by law consists of an employee's base rate of pay plus an addition 25% on top of that. This is intended to provide employees with extra cash to spend during their vacation.  

Vacation time could have some flexibility but only if the employee and the employer agree to it.  That would mean an employee who works on their vacation day and is paid for that day in one year could carry over their vacation time to the next year and take an unpaid day off at a later date in the future.  But that would not be standard.  And that future unpaid day off cannot be compensated for in cash -- in Mexico you cannot pay someone extra to not take their vacation.  And there is a limit to these types of agreements -- the unpaid vacation time must be taken within a period of six months.  

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5 hours ago, Brian Dalziel said:

Vacation pay by law consists of an employee's base rate of pay plus an addition 25% on top of that. 

Not exactly. There is a formula to calculate vacation pay that is based on the employees wages and how many years they have been working for you. There is no "25% on top of that".  Not sure where you came up with that. 

But the rest of your explanation is spot on. 

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From Rollybrook website:  https://rollybrook.com/employee-pay.htm

Vacación (Vacation)

The vacación must be paid in cash, either before the vacation or before the end of the year if no vacation has been taken.

The vacación pay must equal required number of vacation days of salary plus and additional 25% of the amount. To calculate the amount, divide the number of days worked during the year past by 365.  Multiply that figure by number of vacation days times 1.25 to determine the amount of the vacación pay due. 

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