Early Dismissals During Storms in Mexico: What Are the Employer's Legal Obligations?
When storms hit Mexico—especially during hurricane season—many employers face difficult decisions: Should operations continue? Can employees be sent home early? And most importantly, what legal obligations does an employer have when dismissing workers early due to bad weather?
This article outlines the key legal considerations, best practices, and potential risks involved in early dismissals caused by extreme weather events in Mexico.
🌪️ Can You Legally Dismiss Employees Early Due to Storms?
Yes—but with important conditions. The Federal Labor Law (Ley Federal del Trabajo) does not explicitly prohibit early dismissals due to natural events like storms, but doing so improperly can lead to:
- Wage payment disputes
- Safety-related liability
- Complaints to labor authorities
Employers may send employees home early, but they cannot deduct wages unless specific legal requirements are met.
🧾 Are You Required to Pay Full Wages?
Yes, in most cases. If the dismissal is initiated by the employer for safety or operational reasons, employees are entitled to full pay for the day, even if they leave early.
Relevant legal basis:
Article 42 BIS of the Federal Labor Law stipulates that in cases of force majeure (e.g. natural phenomena), employment obligations may be temporarily suspended only if authorized by the labor board (Junta de Conciliación y Arbitraje).
Without that authorization, full salary must be paid.
⚠️ What Qualifies as Force Majeure?
Force majeure refers to extraordinary, unforeseeable, and unavoidable events, such as:
- Hurricanes and tropical storms
- Earthquakes
- Floods or mudslides
- Government-declared emergency alerts
To suspend obligations without salary payment, employers must formally request approval from the labor board, supported by official documentation (e.g. civil protection alerts, meteorological reports).
🏠 What About Offering Remote Work?
A growing number of companies in Mexico are responding to storm risks by allowing remote work instead of early dismissal, especially in:
- IT and tech
- Legal, finance, and admin roles
- Customer service or BPO sectors
✅ Related article: Home Office During Severe Weather: A Legal and Operational Guide for Mexican Employers
Remote work allows for business continuity while protecting employees from transit-related dangers, and helps employers avoid wage disputes or liability.
📋 Best Practices for Early Dismissals During Storms
To reduce legal exposure, employers should:
- Develop a Severe Weather Protocol – Include early dismissal procedures, authority chains, and communication methods.
- Document the Reason – Keep records of local weather alerts and transportation disruptions.
- Offer Alternatives – Allow remote work or flexible scheduling where possible.
- Avoid Wage Deductions – Unless officially authorized, pay the full day.
- Train Supervisors – Ensure frontline managers understand employee rights and local obligations.
📌 Real Example: Monterrey Flooding Case (2023)
During severe flooding in Monterrey, a manufacturing plant sent workers home mid-shift without pay. Several workers filed complaints, arguing that their safety was at risk. The labor authority ruled in favor of the workers, emphasizing that employee rights remain protected—even during natural disasters, unless proper legal suspension processes are followed.
🧠 Final Thoughts
In Mexico, employee protection laws are strict—even in emergencies. While early dismissals during storms are often necessary, employers must handle them with care. Unless there’s official authorization, workers are entitled to full pay, and safety must be prioritized.
By developing clear internal protocols, enabling remote work, and keeping proper documentation, companies can both protect their people and stay compliant with the law.
