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¿Qué marca la ley federal del trabajo sobre los días festivos?


La Ley Federal del Trabajo menciona que los días feriados o festivos son considerados como días no laborables, lo que los convierte en días de descanso obligatorio.

¿Qué es un día festivo?

Es un día no laborable dedicado a alguna celebración nacional y en el cual se cierran las oficinas y establecimientos públicos y no se trabaja en los privados.

¿Cuál es la diferencia entre un día festivo y un día feriado?

No hay diferencia, Los días feriados o festivos son días en los que el Estado Nacional conmemora o festeja hechos patrióticos, históricos o religiosos, y se encuentran establecidos en una norma legal.


¿Cuál es la diferencia entre un día festivo y un día de asueto?

Ambos corresponden a días no laborables, pero la mayor diferencia es que el día de asueto se aplica a todos los que realizan alguna actividad laboral o educativa.

Mientras que los días festivos se aplican solamente a una categoría de trabajadores o de estudiantes.

Los asuetos son días no laborables que suelen establecer las autoridades ante alguna circunstancia especial.

Muchas veces la declaración de la jornada festiva se aplica a un solo sector: así, en el Día del Bancario, los trabajadores que se desempeñan en un banco no concurren a sus lugares de trabajo ya que tienen asueto.

El resto de los trabajadores, en cambio, debe cumplir con sus obligaciones como siempre.

¿Cuántos días festivos nos otorga la ley del trabajo ?

Según el artículo 74 de la ley del trabajo, los trabajadores tienen derecho a descansar con goce de sueldo durante los días festivos (públicos y religiosos).

Estos incluyen fiestas conmemorativas y fiestas religiosas (origen cristiano).
Los días festivos son por lo general siete.

Los Feriados Nacionales en México caen en dos categorías. Días feriados obligatorios (descanso obligatorio) y Días feriados otorgados usualmente (comúnmente concedidos).

¿Cuánto tienen que pagar un día festivo?

Los artículos 74 y 75 de la Ley Laboral de México permiten que los trabajadores que trabajan en los días festivos tienen derecho a percibir un salario doble por el servicio prestado, independientemente del salario que les corresponda por el descanso obligatorio.

Así que te puedes ganar 3 veces tu sueldo diario trabajando un día festivo

Ahora, queda claro para todos lo que es un día festivo, cuantos días festivos tenemos y cuánto se paga, vamos a hablar de nuestras queridas vacaciones.

¿Los días festivos se contemplan como vacaciones?

No, los días festivos y las vacaciones son cosas diferentes.

Los días festivos son días de descanso obligatorios, mientras que las vacaciones son consideradas como un derecho laboral de los trabajadores y los días que se aplican varían según el tiempo que lleve laborando en la empresa.

¿Cuántos días de vacaciones anuales nos otorga la ley del trabajo?

La Ley Federal del Trabajo garantiza las vacaciones anuales dependiendo de la antigüedad del trabajador o el tiempo de servicio. De este modo:

6 días laborables cuando la antigüedad es de un año de servicio
Por los siguientes 3 años, el periodo vacacional se incrementa 2 días por cada año de servicio, de modo que cuando un trabajador completa los 4 años de servicio, la duración de las vacaciones anuales es de 12 días naturales.

Al término de cada 5 años de servicio, el trabajador tiene derechos a 2 días adicionales de vacaciones anuales

En caso de que el trabajador termine su relacion laboral con la empresa, debe de entregarce en el pago de la Liquidación lo equivalnete a la prima vacacional y las utilidades.

¿Mi empleador debe pagarme mi prima vacacional?

No, el artículo 79 de la LFT establece que “las vacaciones no podrán compensarse con una remuneración”. Solo en caso de que termine la relación laboral y no hayas disfrutado de tus vacaciones, éstas deberán ser pagadas en efectivo.

Todos los trabajadores tienen derecho a la prima vacacional. El artículo 80 de la Ley Federal del Trabajo establece que: Los trabajadores tendrán derecho a una prima no menor de veinticinco por ciento sobre los salarios que les correspondan durante el periodo de vacaciones”.

La prima vacacional es la prestación en dinero, a la cual tiene derecho el trabajador con el objeto de recibir un ingreso extraordinario para el disfrute del periodo de descanso.

¿Cómo se calcula la prima vacacional?

Es necesario conocer 2 elementos fundamentales para calcular tu prima vacacional.

Salario mensual
Vacaciones correspondientes
La prima vacacional se calcula de la siguiente manera:
Salario diario x días de vacaciones = X
X x 0,25 = prima vacacional

Así un empleado con un sueldo diario de 200 pesos con 8,5 días de vacaciones anuales, tendrá una prima vacacional de 425 pesos.
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