Overtime in Mexico: how they are calculated and when they are paid

Every worker has had to do some overtime at work for different reasons and causes. Although normally the law says that the work shift must last 8 hours per day, due to certain circumstances these shifts can be extended a little more. These should be remunerated and paid as if it were a more normal day of work. For this reason, we will talk below about the overtime in Mexico, how they are calculated and when they are paid.

The Mexican ‌work requirements are mainly governed by the Federal‌ ‌de‌ ‌Trabajo‌ ‌o‌ ‌Federal‌ ‌Laboral‌ ‌Law, the Mexican Constitution and the Social Security Law. This mentions that the work shift is the time during which the worker is at the time of the employer's willingness to loan his work. The maximum work week is 48 hours. The work week comprises 6 business days.

The FLL estates that employers can use the following types of schedules working with your employees:

• The day shift, which begins at 06:00 and ends at 20:00, with a maximum duration of 8 hours a day or 48 hours a week;
• The night shift, which begins at 8:00 p.m. on one day and ends at 6:00 a.m. the next day, with a maximum duration of 7 hours a day or 42 hours a week; Y
• The mixed shift, which consists of time periods of the day shift and the night shift, provided that the night period is less than 3 ½ hours, and if that time is exceeded, the shift will be considered a shift night. and its duration will be 7 ½ hours a day or 45 hours a week.
• The maximum duration of the day will be eight hours during the day, seven hours at night and seven and a half hours during the mixed shift. Article 59-62 of the Federal Labor Law.

Overtime in Mexico

Overtime in Mexico can be extended due to extraordinary circumstances, however, These cannot exceed 3 hours a day, nor 3 times a week. It is up to 9 hours per week maximum.

Overtime is allowed for a period of three hours a day without exceeding 9 hours a week, and with a compensation of 100% over the regular hourly pay. If overtime exceeds 9 hours, the compensation is 200% of the regular hourly pay.

There are two conditions for determining whether overtime is considered double or triple paid hours:

• The total amount of overtime hours worked during the work week.
• The total number of hours worked during a single day after a regular shift.

This is indicated in Article 66 of the Federal Labor Law. Section XI of article 123 of the Mexican Constitution.

How are they calculated?

As we said earlier, there are two considerations in determining whether overtime is considered double or triple paid hours:

• The total amount of overtime worked during the work week.
• The number of hours worked during a single day after a regular shift.

The first nine hours of overtime during the week are considered double, every hour after that is considered triple. The first three hours after a regular shift are considered double hours, each hour thereafter is considered triple regardless of the number of overtime hours worked during the week.

The overtime rate is calculated based on the rate of daily pay for the number of hours worked.

Example

For example, we are going to use a daily pay rate of $ 200 pesos per day:

200/8 hours (day shift) = 25 per hour. Double pay fee $ 25 x 2 = $ 50. Triple pay fee $ 25 x 3 = $ 75

Article number 66 of the Federal Labor Law says that overtime in Mexico worked should not go beyond 3 hours a day up to 3 times a week. Likewise, Articles 67 and 68 of the Law establish that, according to remuneration, overtime in Mexico that does not exceed those days will be covered with 100%. That is, twice the salary corresponding to regular working hours.

The hours that exceed nine per week must be paid at 200% more than the regular salary, that is to say triple. That said, it is noted that the mechanism for calculating the based payment is not only a maximum of nine hours a week but also for each day. Actual working hours per day must be counted.

Other overtime

Work on days off

Workers they have the right to have one day to rest that is paid for every six of work, in addition to the other seven holidays in Mexico that are paid as well. It is ensured that the day to rest in the week is Sunday. The hours assigned to each shift must be distributed over a six-day work week that would be Monday through Saturday.

The seventh day can be any day of the week, but normally, workers who work shifts on Sundays, must receive the Sunday premium or Sunday premium of 25% of the payment above what they receive the rest of the days of the week.

Workers are not required to provide their services on days off. In case this is violated, the employer must pay the worker, regardless of the salary that corresponds to him for the rest, a double salary for this service that was rendered. It is indicated by the Federal Labor Law in its Article 69-72.

Sunday work

This day seven can be any of the days of the week. But nevertheless, regularly, the workers who are scheduled for this work shift are on Sundays and they must receive a Sunday premium of 25% above what they are paid for the other days worked.

Employees who have to work on Sundays, some day that is a holiday or other day of rest, have the right to receive double pay.

If the rest day is Sunday, the employee is entitled to double pay plus the 25% Sunday premium that the Federal Labor Law dictates in Article 69-72.