Tuesday, January 31, 2023

7 Factors To Consider About Applying For Leave Improvement

Leave reform will come into force in January and with it, the labor force governed by the Federal Labor Law (LFT) will be entitled to more days off. Without temporary articles marking the incremental increase, the legal amendments will come into effect from the first day of 2023 and will be mandatory for all employers.

The first thing you need to know is that this reform doubled the minimum holiday floora benefit protected by labor law and which had not changed for more than five decades.

Some of the frequently asked questions among workers are whether days will be compensated for seniority prior to the validity of the reform, when the new regulatory framework will come into effect or what will be the continuity of days.

Here are 7 aspects that you should keep in mind before the new provision:

1. Entry into force

As per the publication in the Official Gazette of the Federation, the reform will come into effect from January 1, 2023. This means that next year all companies will have to give more leave days to their employees after completing one year or more of service.

2. When will it be effective?

Though the legal amendment will come into effect from the first day of 2023, the new minimum floor will not be effective for all at once. In other words, people will see the benefit on the basis of their seniority as on the date of submission. For example, people who complete a year or more of service in January will be able to reach the new minimum before those who have a work anniversary in October or November.

According to labor law experts, as long as the person does not add a new year of seniority in 2023, the vacation days established by the law before the reform will suit him, and when he adjusts another year of service jump to that new period; That is, employers are not required to provide a raise in advance.

3. Holiday Bonus

The reform of LFT modified the days and formula to enjoy only rest days, but the leave premium that workers receive there was no changeshall continue to be equivalent to 25% of the pay drawn during the corresponding period on the basis of seniority. However, as the number of days increases, the amount of leave premium will be higher as the calculation will be on a higher base.

4. How will there be consecutive days?

The amendments approved by Congress envisage that people can take at least the 12 days of leave they are entitled to. But one change in regulation means that the power to decide whether they want to split their days and when they want to take them was transferred to workers.

5. How are the contracts?

It is likely that some companies make adjustments to contracts, although most of the time these documents refer to the minimum benefits of the law, agree labor law experts.

The changes will benefit both new recruits and those serving in the company for more than a year.

6. How will the days increase?

formula of incremental increase There is no change, this means that as people accumulate seniority, the leave period will be extended. Rest days will increase by two days for each year of work until reaching 20 days, this will happen after five years of service, from the sixth year, two days will be added for each cycle of five years of work.

the only difference is starting from a high base, To put this into perspective, it could take a person 22 years of work at the same company to reach 20 days of vacation before the reform, with legal changes that would entail five years of seniority.

7. What if I had more days of the law?

It will depend on how many additional days the company will give. The first thing to consider at this point is that no company will be able to provide short breaks What are the signs of LFT? For example, if a company offered 10 days of work from the first year, it must at least extend that benefit over a period of 12; In the case of companies providing 15 days, they probably don’t need to make changes unless people are entitled to a longer break due to seniority.

An important fact to consider is that the second ephemeral article of reform specifies that the changes will be implemented whenever more friendly to workersThis means that if a company grants a longer tenure than the labor law grants, the individual will retain that advantage as it is most favourable.

STPS responds

Through social networks, the Ministry of Labor and Social Welfare (STPS) launched an information campaign to answer frequently asked questions about the leave reform, some curious facts that the agency has revealed:

  • Rest days are not added to the holidays.
  • Those who work seasonally are entitled to a period of leave that is proportionate to the number of days worked by them.
  • If the employment relationship is terminated before completing one year of work, the person is entitled to receive remuneration in proportion to the time of service.
  • The employer has to provide proof of seniority.
  • The certificate contains the days of vacation and the period in which it corresponds to taking them.
  • Leave is not cumulative from year to year. That is, if the legal period for enjoying them expires, the employer is under no obligation to replace them.
  • Domestic workers are also entitled to paid leave and the new minimum floor.

Ministry of Labor states that employers they can’t make the holidays For many sales, goals have been served or achieved by people, and cannot be exchanged for any remuneration or material.

Nation World News Desk
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