Section VII of Article 74 of the Federal Labor Law establishes as a mandatory day of rest “…December 1 of every six years, when it corresponds to the transfer of the Federal Executive Power…”, thus harmonizing with the previous content of Article 83 of the Political Constitution of the United Mexican States, which established that the President would take office on December 1.
Notwithstanding the foregoing, on February 10, 2014, the decree that reformed Article 83 of the Political Constitution of the United Mexican States was published in the Official Gazette of the Federation (entering into force on December 1st, 2018), establishing that the transmission of the Federal Executive Power will be on October 1st of every six years, which will occur for the first time this year, in the next transmission of the Executive Power, without the Federal Labor Law having been reformed to date, thus generating discrepancy between both laws and much uncertainty among employers and workers.
In relation to the problem we refer to, it is important to inform you that there is a legislative process underway to reform the Federal Labor Law, and although it has not yet concluded, it is highly probable that it will conclude in the next few days, recommending that you change the day of rest scheduled for December 1 to October 1, especially when the text of Article 74 of the aforementioned Federal Labor Law establishes as a direct cause of the mandatory day of rest, precisely the transfer of the Federal Executive Power.
We take this opportunity to remind you that in accordance with Article 75 of the Federal Labor Law, in the event that services are rendered on a day of mandatory rest, the worker shall be entitled to be paid a double salary for the service rendered, regardless of the ordinary salary due for the mandatory rest.
Sincerely yours,