Publication of constitutional reform to reduce working hours

Dear Clients and Friends,

On March 3, 2026, the decree amending Sections IV and XI of Constitutional Article 123 regarding the reduction of the workweek was published in the evening edition of the Official Gazette of the Federation.

Key Aspects

1. A maximum limit of 40 working hours per week is established in Mexico.
2. The right to one weekly rest day with full pay is maintained.
3. Paid overtime at double rate is extended to twelve (12) hours per week.
4. Up to four (4) additional overtime hours per week exceeding the initial twelve (12) hours are permitted, which must be paid at triple rate.
5. It provides that the rules for overtime payment must be established in the Federal Labor Law.
6. Overtime work for individuals under 18 years of age is prohibited.

Implementation Rules

1. Although the decree enters into force on the date of its publication in the Official Gazette of the Federation, the 40-hour workweek will be reached gradually as follows:

2026

Transition year; no reduction. The reform and complementary legal changes will be discussed and tested.

2027

Reduction to 46 hours effective January 1 of that year.

2028

Reduction to 44 hours effective January 1 of that year.

2029

Reduction to 42 hours effective January 1 of that year.

2030

Reduction to 40 hours effective January 1 of that year. The Congress of the Union must enact the corresponding amendments to the Federal Labor Law within 90 days following publication of this decree

Practical Considerations

1. The year 2026 should be used to analyze implementation options:

1.Hiring additional personnel.

2.Paying overtime to staff to meet production targets.

3.Reorganizing and redistributing work schedules.

4.Establishing new productivity criteria based on objectives.

1. Prepare amendment agreements to employment contracts to reflect changes to working hours.
2. Strengthen overtime documentation within companies:

1.Prohibition of overtime work without written authorization.

2.Written permits or authorizations for overtime work.

3.Consent forms for triple-rate overtime work.

4.Documentation of overtime payments.

5.Overtime agreements or policies.

1. Maintain ongoing communication and negotiation with employees and unions to reach agreements that positively implement this change and ensure proper documentation of such agreements.
2. Await the reform to the Federal Labor Law, which will establish complementary changes in this area, such as:

1.Duration of day, night, and mixed shifts.

2.Rules for the allocation, generation, and payment of overtime.

3.Implementation of electronic attendance controls.

4.New definition of the workday.

Best regards, and we remain at your service.