On April 22, 2026, the Chamber of Deputies approved the opinion on the draft decree reforming, adding to, and repealing various provisions of the Federal Labor Law regarding the reduction of working hours. The decree had been previously approved by the Senate in a session held on April 8, 2026, and will now go to the Federal Executive Branch for its enactment, promulgation, and publication in the Official Gazette of the Federation, which is expected to occur before [date missing]. May 01th 2026.
Among the main modifications contained in the decree, the following stand out:
The ordinary working day will be 40 hours per week distributable by mutual agreement between employers and employees.
The ordinary daily working hours remain at 8 hours for the day shift, 7 for the night shift and 7 and a half hours for the mixed shift, and the working week maintains a distribution of 6 working days for 1 day of rest with full pay.
Gradual implementation, reducing the working day from January 1, 2027, until reaching 40 hours in 2030, and increasing the overtime limit also gradually:
Entry into force
Weekly working hours limit
Weekly overtime limit (double hours)
May 01th 2026
48
9
January 01, 2027
46
9
January 01, 2028
44
10
January 01, 2029
42
11
January 01, 2030
40
12
Overtime will not exceed 12 hours per week, distributed in up to 4 hours per day, over a maximum of 4 days. This overtime will be paid at 100% more than the regular salary (double hours), and if this limit is exceeded, only 4 additional hours may be worked (triple hours), which will be paid at 200% more than the salary corresponding to the hours of the regular workday.
The sum of ordinary and extraordinary working hours may not, under any circumstances, exceed 12 hours per day.
The reduction in working hours will not imply a decrease in wages, salaries or benefits for workers.
Effective January 01, 2027, employers will be required to electronically record the working hours of each employee, including start and end times, and provide this information to the authorities upon request. The content of the electronic record will constitute conclusive proof if it is demonstrated that it was agreed upon between the employee and the employer. The Ministry of Labor and Social Welfare will issue general provisions that determine the scope of application and exceptions to this obligation, which will take effect on the same date.
A fine of 250 to 5,000 Units of Measurement and Update (UMA) is established for the employer who fails to comply with the obligation of electronic registration of working hours.
The period between the official publication and December 31, 2026 will be considered a transition period for workers and employers to adjust work processes to the terms of the decree.
This reform will require employers to redesign their workforce organization, including analyzing current shifts, planning future staff assignments, controlling overtime, and implementing electronic time and attendance systems. It will be necessary to adjust internal work regulations, employment contracts, and internal policies accordingly, and implement processes that maintain, and ideally improve, productivity.
Once the reform decree is published in the Official Gazette of the Federation, it will be important to follow up on the general provisions issued by the Ministry of Labor and Social Welfare regarding electronic work schedule registration.
At S+S we are available to discuss the implications of this reform on your operation, scheduling, compliance and updating of internal policies.
