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1.10. OvertimeThe work shift can be freely negotiated by the company and its workers, provided it doesnot surpass the legal maximums. The following is the maximum permitted:a) The day shift should have a maximum duration of 8 hours a day or 48 hours a week;b) The night shift should have a maximum of 7 hours a day or 42 hours a week;c) The mixed shift should have a maximum duration of 7 1/2 hours a day (providedthe nocturnal period does not exceed 3 1/2 hours, since if it does it will be considereda night shift) or 45 hours a week.88C H A P T E R VThe case law has established that if a work shift is negotiated that is less than the maximumlegal shift and the worker works more time than the agreed time without exceedingthe legal maximum, overtime does not have to be paid.The LFT also establishes that the work shifts can be extended under extraordinary circumstances,without exceeding three hours a day or three times a week.This means that a maximum of nine hours of overtime a week can be worked, whichshould be covered at 100 percent of the salary corresponding to the normal work hours,or in other words they must be paid at double the normal work hour salary.It should be emphasized that the LFT establishes that if the overtime exceeds ninehours a week, the workers are not obligated to work it (Article 68). However, if thosenine hours per week are exceeded, the company must pay any such excess time at 200percent plus the normal salary corresponding to the work shift. In addition, the employerwill be subject to a fine from 3 to 155 times the general minimum wage in the placeand time in which the violation has been committed, which can be imposed by the STPSduring its annual inspection of companies.In addition, when the workers work overtime on a permanent basis, this time is consideredby the Mexican Social Security Law (Ley del Instituto Mexicano del Seguro Social)as part of the salary of the worker for purposes of calculating social security dues.1.11. Weekly Days OffMexican law provides that workers will enjoy at least one day off for every six days ofwork. The law also establishes that if the day off is not Sunday, the worker will be entitledto a premium of at least 25 percent above the salary of the ordinary work days.The LFT establishes that workers are not obligated to work on their days off. Nevertheless,if it is necessary for them to do so, the employer must pay the worker, in additionto the salary for the day off, a double salary for working on their day off.If the weekly day off of the worker is Sunday and the worker works on that day, inaddition to paying the salary for the day off, a double salary must be paid. In this case,

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