Overview
- Profedet clarified Friday that people hired as independent contractors (honorarios) do not automatically get the year-end aguinaldo unless their real work relationship shows subordination such as fixed schedules, direct orders, or mandatory use of company facilities.
- For platform gig workers Article 291-F of the Ley Federal del Trabajo fixes pay per task and treats those per-task rates as already covering proportional benefits like aguinaldo, so no separate aguinaldo payment is due under that regime.
- The law sets a minimum aguinaldo equal to 15 days of salary payable by December 20 and Profedet explained how to calculate it: multiply the daily wage by 15 for fixed pay and use the average daily income of the last 30 days actually worked for variable pay.
- If an apparent contractor’s conditions show subordination, Profedet says the contract can be treated as an employment relationship and the employer must pay at least the 15-day aguinaldo and other employment rights.
- Profedet and the STPS offer free guidance, mediation and legal help for reclassification or nonpayment claims and workers can contact CISSEL at 079, email quejasdelservicio@stps.gob.mx, or phone 55 59 98 20 00 (ext. 44750/44917).