Next Sunday, June 1, 2025, an extraordinary election day will be held in Mexico as a result of the judicial reform published in the Official Gazette of the Federation on September 15, 2024. This election has generated doubts in companies as to whether such day should be considered a mandatory day of rest, in terms of Article 74 of the Federal Labor Law (LFT).
What does the law say?
Article 74, Section IX, of the LFT establishes as a mandatory day of rest “the one determined by the federal and local electoral laws, in the case of ordinary elections, to carry out the election day.” Consequently, only ordinary elections require the suspension of work on that day.
Now, the referred constitutional reform expressly provided that the election of 2025 will be extraordinary, and is not part of the ordinary electoral calendar. This is established in the second transitory provision of the Decree, stating that the purpose of this day is to renew judicial positions such as those of ministers of the Supreme Court of Justice of the Nation and other magistrates, which occurs in a derivative and similar manner in the state reforms.
What should companies do?
Although it is not a mandatory day of rest, employers must grant the necessary time for their workers to exercise their vote, in accordance with Article 132, Section IX of the LFT. This applies in the event that the workday coincides with the voting hours, even in the case of Sunday or rotating shifts.
In summary:
- June 1, 2025 should not be considered a holiday or mandatory rest day for labor purposes.
- Sufficient time should be given to those who work on that day to vote.
Vega, Guerrero & Asociados recommends reviewing the shift schedules scheduled for that Sunday and establishing internal mechanisms that allow workers to fulfill their civic duty without affecting the operation of the workplace.
