Aguinaldo, Employee’s Right and Employer’s Obligation

By Antonio De Jesús Aguado

Roxana Patlán

Employees in Mexico must receive their Aguinaldo (Christmas bonus) before December 20, according article 87 of the Mexican Labor Federal Law. If employers do follow the law, they will be fined up to 5,000 days of minimum wage.

Lawyer and accountant Roxana Patlán told Atención that the aguinaldo must cover at least 15 days of wage. The employer can raise the amount but cannot pay less. An employee who has not worked the whole year must receive a proportional part of the bonus.

Public servants, though, are not considered within Article 87 because they are part of the Public Servants Federal Law that says in Article 40B that these employees are due to receive 40 days of wage, divided into 50 percent before December 15 and the rest before January. The law also says that the conditions of payment are up to the local, state, and federal governments.

The National Committee for Protection of the Salary notes that even though some employers don’t pay the Christmas bonus (an omission that could result in a fine according, articles 992 and 1003), the aguinaldo is not cumulative. If the employee did not claim last year’s Christmas bonus, he cannot claim it this year. Patlán said, “He will lose that right.” If the worker does not receive the bonus, he can file a complaint with the Junta de Conciliación y Arbitraje in Celaya.

All employers, no matter what their nationality, must follow the Mexican law. If you have a doubt on how to calculate the aguinaldo for your employees, ask an accountant or a lawyer.

How to calculate the aguinaldo

The National Committee for the Protection of the Salary provides a formula to calculate the aguinaldo. Let’s suppose that Enrique Jiménez has been working in a company for the last 250 days with a daily wage of 128 pesos.

The number of days worked                                                              250
Divided by the days of the year                                                          365
Gives a total of                                                                                   0.6849
Multiplied by the days to pay according to the law                            15
Gives a total of                                                                                   10.2740
Multiplied by the daily wage                                                              128 pesos
The aguinaldo must be                                                                       1,357.07 pesos

If you are an employee and have not received your aguinaldo, please call or visit the Junta de Conciliación y Arbitraje: Ave Manuel J. Cloutier 769, Col, Alamos, Celaya, Gto. Tel (461) 612-3615.


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