Rain Delays and Mexican Labor Law: Can You Deduct Pay for Late Arrivals?
Every rainy season, Mexico’s traffic becomes chaotic—roads flood, public transit slows, and employee punctuality takes a hit. For businesses, this raises a common yet controversial question: Can you legally deduct salary for late arrivals caused by bad weather?
Here’s what Mexican labor law says, and how companies should respond without violating workers’ rights or putting themselves at legal risk.
⚖️ What the Federal Labor Law (LFT) Says About Delays
Mexico’s Federal Labor Law (Ley Federal del Trabajo) protects workers from arbitrary salary deductions. Article 99 clearly states that wages cannot be reduced unless there is a legal cause or mutual agreement. While tardiness can technically affect pay, the reason behind the delay matters—especially if it’s out of the employee’s control, such as severe rain or flooding.
In short: No, you generally cannot deduct pay for delays caused by force majeure (acts of nature), including intense rainstorms.
🌧️ What Is Considered Force Majeure in Mexico?
According to legal precedent and general practice, force majeure includes events that are:
- Unpredictable (e.g., a flash flood)
- Unpreventable (e.g., public transportation shutdown)
- Beyond the employee’s control
If a worker can demonstrate that their delay was due to conditions like road blockages, flooding, or lack of public transport, disciplinary or financial penalties may be challenged and reversed by labor authorities.
🚫 When Salary Deductions Are Not Allowed
You may not deduct pay or penalize a worker if:
- The delay was due to rain-related traffic, flooding, or transport failure
- The employee made a reasonable effort to arrive
- There was no pattern of chronic tardiness
Doing so may expose the employer to individual labor claims or collective complaints, particularly in unionized settings.
✅ When You Can Deduct or Adjust Pay
There are very limited circumstances where adjustments might be valid, such as:
- Clear attendance policies signed and acknowledged by the employee
- Repeated tardiness without valid explanation
- A trust position where punctuality is critical to performance
Even then, deductions must be proportional, reasonable, and documented. Ideally, they should be handled through a formal internal policy, not on a discretionary or ad-hoc basis.
🏠 Remote Work as a Solution
To reduce conflicts during the rainy season, many employers in Mexico City, Guadalajara, and Monterrey are adopting flexible remote work policies. These not only support employee safety but also:
- Reduce absenteeism and delays
- Minimize liability for forced commuting
- Promote continuity in operations
📌 Learn more: Home Office During Severe Weather: A Legal and Operational Guide for Mexican Employers
📄 Tips to Protect Your Company Legally
- Draft a Rain Policy – Include allowances for delays due to weather and promote flexible schedules.
- Document Attendance – Track reasons for delays and require communication from employees.
- Offer Remote Options – Especially for administrative or digital roles during peak weather alerts.
- Avoid Verbal Penalties – Always document any action taken, and consult legal counsel or your EOR.
- Consider Regional Context – What may apply in Hermosillo or Cancún won’t always make sense in Mexico City.
🚨 Real Case Insight
In 2022, a call center in Puebla was sanctioned after multiple employees filed a labor claim due to pay deductions during heavy rain alerts. The labor board ruled in favor of the workers, stating that “weather-related delays do not constitute voluntary misconduct,” and ordered full repayment of deducted wages plus damages.
Final Thoughts
Mexican labor law leans heavily in favor of employee protection, especially in cases involving natural disruptions like heavy rain. While punctuality is important, employers must recognize when circumstances are beyond a worker’s control.
Rather than risking litigation, it’s best to adopt flexible, legally sound attendance and remote work policies—particularly during the rainy season.
