December 2024 has brought key updates in labor and social security matters that companies need to consider immediately to ensure compliance and proper planning. Among these, the increase in the minimum wage approved by the National Minimum Wage Commission (CONASAMI, as per its Spanish acronym) set to take effect in January 2025, and a new standard issued by the Mexican Social Security Institute (IMSS, as per its Spanish acronym) regarding the exclusion of attendance and punctuality bonuses from the Contribution Base Salary (SBC, as per its Spanish acronym). In this newsflash, we analyze the impact of these provisions and offer recommendations to help organizations prepare for the upcoming year.

I. Minimum Wage Increase for 2025

On December 4, 2024, a minimum wage increase was approved, effective January 1, 2025. This adjustment reflects a joint effort by employers, unions, and the federal government and is broken down as follows:

• • • Free Zone of the Northern Border: A 6.5% increase plus $19.36 MXN in Independent Recovery Amount (MIR), raising the salary from $374.89 MXN to $419.88 MXN daily.
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    • Rest of the Country: A 6.5% increase plus $12.85 MXN in MIR, raising the salary from $248.93 MXN to $278.80 MXN daily.

This increase represents an overall 12% rise. However, for collective bargaining purposes, it is recommended to consider only the 6.5% percentage increase published by CONASAMI.

It is advised to review salary scales and make necessary adjustments starting January 1, 2025, to ensure compliance with the updated minimum wage. Failure to comply could lead to fines or even accusations of labor exploitation.

Additionally, companies should engage with unions, if applicable, to develop a strategy for communicating the minimum wage increase and any additional salary or contractual reviews to the entire workforce.

II. IMSS Criteria for Exclusion of Bonuses from the Contribution Base Salary

On December 10, 2024, the IMSS published Standard 03/2024/NV/SBC-LSS-27-VII, reinforcing the rules for excluding attendance and punctuality bonuses from the SBC. These bonuses may be excluded only if:

1. 1. They do not exceed 10% of the SBC.
   2. They are supported by controls verifying attendance or punctuality.
   3. They are recorded in the employer’s accounting.

Failure to comply with these conditions could result in these bonuses being integrated into the SBC, thus increasing employer obligations. Moreover, incorrectly labeling these payments could constitute improper tax practices.

It is recommended to implement clear controls and internal policies to ensure proper treatment of these bonuses, thereby avoiding legal and financial risks.

At Calderón Marín, we are here to provide you with the necessary support and consulting for any labor and social security matters that may require your attention. Each case is unique, and we are committed to offering personalized and efficient solutions to help our clients navigate any challenges effectively. Please don’t hesitate to contact us for any inquiries or assistance; we are always happy to help.