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
- A maximum limit of 40 working hours per week is established in Mexico.
- The right to one weekly rest day with full pay is maintained.
- Paid overtime at double rate is extended to twelve (12) hours per week.
- Up to four (4) additional overtime hours per week exceeding the initial twelve (12) hours are permitted, which must be paid at triple rate.
- It provides that the rules for overtime payment must be established in the Federal Labor Law.
- Overtime work for individuals under 18 years of age is prohibited.
Implementation Rules
- 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
- 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.
- Prepare amendment agreements to employment contracts to reflect changes to working hours.
- 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.
- Maintain ongoing communication and negotiation with employees and unions to reach agreements that positively implement this change and ensure proper documentation of such agreements.
- 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.
Our specialist lawyers
Our team of lawyers is ready to help you understand how to apply these new rules to your company or investment project.
Profile
Ibarra Castillo, Emmanuel
Partner
Perfil
Emmanuel Ibarra holds a Law Degree with Honors from Universidad Panamericana, Guadalajara Campus. He also earned a Master’s Degree in Public Law with specializations in Labor and Social Security Law, as well as Constitutional Law and Amparo, from the same institution, where he additionally completed seminars in Legal Research and Philosophy of Law. He also completed a Master’s Degree in Labor Law at the Escuela Libre de Derecho.
Experiencia Profesional
Emmanuel is a partner at Ramos, Ripoll & Schuster, where he leads the Labor Practice Group. Prior to joining the firm, he served as Director of the Guadalajara office of Bufete Díaz Mirón y Asociados, a labor law boutique headquartered in Mexico City.
He is a member of the Labor and Social Security Affairs Commission of the Confederación Patronal de la República Mexicana in Jalisco, Vice President for Labor Relations of the Cámara Nacional de Comercio de Guadalajara, and Coordinator of the Labor Law Commission of the Barra Mexicana Colegio de Abogados, Jalisco Chapter. He has also been recognized on several occasions by the annual rankings published by Chambers and Partners and Best Lawyers.
Emmanuel serves as professor of Labor Procedural Law, Individual Labor Law, and Collective Labor Law at Universidad Panamericana, Guadalajara Campus. He is a member of the Sociedad Mexicana de Derecho del Trabajo y de la Seguridad Social, the Barra Mexicana Colegio de Abogados, and the Ilustre y Nacional Colegio de Abogados de México.
He has participated as lecturer and speaker on Labor Law topics in training programs for business leaders organized by the Cámara Nacional de Comercio de Guadalajara and the Instituto de Enseñanza Práctica del Derecho, as well as at several universities in western Mexico.
Formación Académica
- Law Degree with Honors — Universidad Panamericana, Guadalajara Campus.
- Master’s Degree in Public Law with Specialization in Labor and Social Security Law and Constitutional Law and Amparo — Universidad Panamericana, Guadalajara Campus.
- Master’s Degree in Labor Law — Escuela Libre de Derecho.
Área de Práctica
Idiomas
Spanish, English.
Profile
Garduño González, Erick
Associate
Perfil
Erick Garduño joined Ramos, Ripoll & Schuster in July 2019. He has over 10 years of experience in labor litigation, specializing in employer representation.
Experiencia Profesional
Prior to joining the firm, Erick worked at Tostado Padilla y Asociados, S.C., where he practiced in the Labor Litigation department for over five years.
His practice focuses on labor law, with an emphasis on preventive measures for companies and litigation in this area. He also has extensive experience in negotiating and executing employment terminations on behalf of employers, as well as in developing defense strategies for employers.
Formación Académica
He attended high school at Colegio Cervantes Loma Bonita. He participated in various conferences on bankruptcy law organized by the Federal Institute of Commercial Bankruptcy Specialists.
He holds a Bachelor of Laws degree from the Western Institute of Technology and Higher Education.
Área de Práctica
Idiomas
Spanish, English
Profile
Murillo Baltazar, Grecia
Associate
Perfil
Grecia has over 10 years of experience in the legal profession. For the past 6 years, she has focused her professional career on labor and social security law, including consulting, litigation, and employer representation.
She holds a Bachelor of Laws degree from the University of Guadalajara.
She joined the firm on March 14, 2022, as part of the Labor and Social Security team at our offices in Guadalajara.
Experiencia Profesional
She worked at the Guadalajara Chamber of Commerce, Services, and Tourism, serving as a Legal and Business Management Advisor.
She later served as an official at the Seventeenth Local Conciliation and Arbitration Board of the State of Jalisco.
In 2019, she joined the litigation department at the law firm Ruiz y Asociados, S.C., where she handled cases on behalf of employees.
Starting in October 2019, she worked at the employer-focused law firm Consejería Laboral, S.C., where she specialized in the comprehensive defense of companies and individual employers.
Formación Académica
Greece earned a Bachelor of Laws degree from the University Center for Social Sciences and Humanities at the University of Guadalajara.
Área de Práctica
Idiomas
Spanish, English
Profile
Reynoso Flores, Aldo
Junior Associate
Perfil
Aldo Reynoso Flores holds a law degree from the University of Guadalajara and currently works as a junior associate in the Labor and Social Security practice at Ramos, Ripoll & Schuster in Guadalajara, Jalisco.
Experiencia Profesional
Aldo is a member of the Labor and Social Security practice group.
Formación Académica
Aldo has focused his professional practice on labor law from a business perspective, actively advising domestic companies and foreign-invested companies in Mexico on regulatory compliance and labor defense matters.
Prior to joining Ramos, Ripoll & Schuster, he worked at a firm specializing in labor law, where he handled various matters related to labor consulting and litigation.
Área de Práctica
Idiomas
Spanish and English