Can Repeated Tardiness Be Counted as Absenteeism Under Mexican Law?
Tardiness is one of the most common HR challenges in Mexico—especially in industries like retail, manufacturing, and logistics, where punctuality directly impacts operations. But can repeated lateness be classified as absenteeism under Mexican labor law? And can it justify disciplinary action or even termination?
This article explores the legal distinctions, case law, and best practices you need to know as an employer operating in Mexico.
⏰ The Legal Definition of Absenteeism in Mexico
According to Article 47 of the Federal Labor Law (Ley Federal del Trabajo – LFT), an employee can be terminated without liability to the employer if they incur more than three unexcused absences in a 30-day period.
But here’s the key distinction:
✅ Lateness is not the same as absenteeism, unless it meets certain conditions.
To legally classify a tardy employee as “absent,” the duration of their lateness must constitute a full workday or align with what your internal policies define as a “non-attendance.”
📋 When Can Tardiness Be Considered Absenteeism?
Under Mexican law, there’s no universal rule on how many minutes of tardiness count as an absence. However, employers may consider a tardy day as an absence when:
- The employee arrives after a legally established threshold (e.g. more than 50% of the shift missed).
- The internal work regulations (Reglamento Interior de Trabajo) clearly define the rule.
- The employee has already received prior warnings or has a history of non-compliance.
- Tardiness leads to disruption of essential operations or safety risks.
Always document each case carefully, and ensure the policy has been previously communicated and signed by the employee.
⚠️ Risk of Misclassification
Mislabeling lateness as absenteeism without clear policy backing can backfire:
- Unlawful termination claims
- Wage payment disputes
- Labor board sanctions
If you cannot prove that the employee’s lateness meets the contractual or policy definition of a full absence, the termination may be ruled unjustified.
🔍 Related Article: What Counts as a Justified Absence Under Mexican Law?
🧾 Documentation Is Crucial
To mitigate risk and support disciplinary actions, employers should:
- Maintain detailed attendance and tardiness logs
- Use digital time-tracking tools (approved by employees)
- Issue written warnings after repeated lateness
- Have a legally reviewed internal policy clearly defining absenteeism vs. tardiness
👩⚖️ What Courts Have Said
Mexican labor courts typically favor employees in wrongful termination disputes—unless the employer proves ongoing misconduct and policy compliance.
For instance, in several rulings, judges have required employers to:
- Prove that the employee knew the rules
- Show consistency in applying the policy
- Demonstrate that the tardiness disrupted operations or trust
✅ Best Practices for HR Teams in Mexico
- Define thresholds in your internal policy (e.g. 15 minutes late = partial day; 50% of shift missed = absence).
- Implement progressive discipline (verbal warning → written warning → formal notice → termination).
- Train managers on correct documentation and communication protocols.
- Apply rules consistently to avoid claims of discrimination or unfair treatment.
- Use digital tools that are GDPR- and LFPDPPP-compliant for attendance tracking.
🧠 Final Thoughts
Repeated tardiness can be treated as absenteeism in Mexico, but only if you’ve laid the legal groundwork. Clear policies, transparent communication, and consistent enforcement are key.
Without these, classifying lateness as absenteeism could expose your company to legal claims, fines, or labor board scrutiny.
