The finiquito is the final pay your employer owes you when the employment relationship ends in Mexico, whether you resigned or were dismissed. It bundles what you already earned but haven't been paid: pro-rated aguinaldo (a minimum of 15 days' salary per year), unused vacation (12 days from the first year under the 2023 reform), and the vacation premium (at least 25% on those days). Mexico's Federal Labor Law guarantees these amounts even if you leave voluntarily. The finiquito does not include severance indemnity; that's the liquidación, which applies only to dismissals without justified cause. (All peso figures below convert at 18.13 MXN/USD, ECB reference rate, September 30, 2026.)
What exactly is the finiquito?
The finiquito is the pro-rated share of benefits you already accrued during the year, plus any pending salary. It's a non-waivable right: it's paid on voluntary resignation, justified dismissal, unjustified dismissal, and contract expiration. The key point is that it covers only what you had already earned — not extra compensation for losing the job.
Finiquito vs. liquidación: not the same thing
The finiquito is always owed; the liquidación only when you are dismissed without justified cause. People confuse the two and lose money there:
- Finiquito: always owed. It includes pro-rated aguinaldo, unused vacation, vacation premium, and pending wages.
- Liquidación: applies only to unjustified dismissal. It adds a severance of 3 months' salary (article 48 of the Federal Labor Law), 20 days' salary per year worked (article 50) and the seniority premium on top of the finiquito.
If you resign, you receive the finiquito. If you're let go without cause, you receive the finiquito plus the liquidación. No one can ask you to waive your finiquito in exchange for a good reference.
How is the finiquito calculated? A real example
The finiquito is calculated from your daily wage (monthly pay ÷ 30) times the pro-rated days of each benefit. Take the median for a software developer in the Talentosy Salary Index: $56,750 MXN per month (≈ $3,150 USD), or $1,891.67 MXN daily (≈ $105 USD). Say the person resigns on June 30, after working exactly 6 months of the year.
- Pro-rated aguinaldo: 15 days per year ÷ 12 × 6 months = 7.5 days × $1,891.67 = $14,187.50 MXN (≈ $800 USD).
- Unused vacation: 12 days per year ÷ 12 × 6 months = 6 days × $1,891.67 = $11,350 MXN (≈ $650 USD).
- Vacation premium: 25% on those 6 vacation days = $11,350 × 0.25 = $2,837.50 MXN (≈ $150 USD).
Total finiquito (excluding the last unpaid period): $28,375 MXN (≈ $1,550 USD), plus any worked days of June still owed.
A second example with a different salary
An accountant in Mexico City earns a median of $55,750 MXN per month (≈ $3,100 USD), or $1,858.33 MXN daily (≈ $100 USD), per the Talentosy Salary Index. Leaving after 9 months:
- Aguinaldo: 15 ÷ 12 × 9 = 11.25 days × $1,858.33 = $20,906.25 MXN (≈ $1,150 USD).
- Vacation: 12 ÷ 12 × 9 = 9 days × $1,858.33 = $16,725 MXN (≈ $900 USD).
- Vacation premium: 25% of $16,725 = $4,181.25 MXN (≈ $250 USD).
Finiquito: $41,812.50 MXN (≈ $2,300 USD) plus pending salary. The calculation scales with your daily wage, so knowing your market pay helps you verify the payout is fair. Compare ranges by role and city in the Mexico salary data.
When is the seniority premium part of the finiquito?
The seniority premium (prima de antigüedad) is part of the finiquito when you are dismissed, with or without cause, or when you resign after at least 15 years of service. It equals 12 days' salary per year worked (article 162), but the salary used is capped at twice the minimum wage (article 486). With the 2026 general minimum wage of $315.04 MXN a day set by Mexico's National Minimum Wage Commission, the cap is $630.08 MXN a day (≈ $35 USD).
Example: the developer from the first case is dismissed after 5 years. The daily wage ($1,891.67 MXN) exceeds the cap, so the premium uses $630.08: 12 days × 5 years = 60 days × $630.08 = $37,804.80 MXN (≈ $2,100 USD), on top of the finiquito and the severance.
When must the finiquito be paid?
Mexican law sets no exact deadline to pay the finiquito, but practice and labor-court criteria hold that it should be delivered at separation or shortly after. If the employer stalls or refuses, you can go to the Labor Conciliation Center. Before signing anything, confirm the amounts match your own calculation: signing a finiquito with wrong figures can shut the door on claiming the difference later. You can also request a written record of your service, which the employer must issue within 3 days (article 132, section VIII).
Tips so your finiquito isn't shortchanged
- Calculate it yourself first. With your daily wage and tenure you can estimate each line before the settlement meeting.
- Check that the vacation premium is included. It's the item most often "forgotten" on receipts.
- Ask for a written breakdown. Aguinaldo, vacation, premium, and wages should appear separately.
- Don't confuse finiquito with liquidación. If you were dismissed without cause, demand the indemnity and the seniority premium too.
If you're about to resign, do it cleanly: review how to write your resignation letter so there's a record that it was voluntary, and review your mandatory employee benefits. If the reason is that you want better pay, check active openings by city or the Talentosy job board before making the move. On the employer side, the finiquito is part of the payroll costs in Mexico every company must budget for.
Frequently asked questions
Do I get a finiquito if I resign?
Yes. The finiquito is a right that applies to any termination, including voluntary resignation. It includes pro-rated aguinaldo, unused vacation, and the vacation premium. What you don't receive on resignation is severance indemnity, since that only applies to unjustified dismissals.
What's the difference between finiquito and liquidación?
The finiquito is the pro-rated benefits you already earned and are always owed. The liquidación adds a severance of 3 months, 20 days per year worked and the seniority premium, and applies only when you're dismissed without justified cause.
How is the aguinaldo portion of the finiquito calculated?
Divide the 15-day minimum aguinaldo by 12, multiply by the months worked in the year, then by your daily wage. Example: 15 ÷ 12 × 6 months × daily wage = pro-rated aguinaldo.
Do I get the seniority premium if I resign in Mexico?
Only after at least 15 years of service. If you're dismissed, it applies regardless of tenure: 12 days per year worked, using a salary capped at twice the minimum wage ($630.08 MXN a day in 2026).
How long do they have to pay my finiquito?
The law sets no exact deadline, but it should be delivered at separation or shortly after. If the employer refuses or delays, you can go to the Labor Conciliation Center before signing any document.
