On August 14, 2024, the Second Chamber of the Supreme Court of Justice of the Nation ruled that the reform to the Federal Labor Law, published on December 27, 2022, which increased the minimum annual vacation period to 12 days for workers with more than one year of service, is consistent with the right to rest and does not infringe upon acquired rights.
Key Points of the Decision
The Second Chamber concluded that the reform meets the legal requirements to be considered a valid legislative act and does not violate the principle of non-retroactivity of the law. The purpose of the reform is to protect workers’ rights by improving their health conditions, fostering family and cultural activities, and ensuring adequate rest.
Additionally, the Court held that the reform does not affect existing labor contracts, as vacation periods must comply with the minimum standards established by law, which can be revised to reflect workers’ rights under new provisions.
Significance of the Decision
This ruling confirms the constitutional validity of the vacation reform, protecting workers’ rights without harming employers’ rights. Businesses are encouraged to review their policies to ensure compliance with the new minimum vacation requirements.
If you have concerns about how this reform may impact your business or require legal advice, contact our team at VGA for expert guidance.
