Reduction of the working day to 40 hours

Mexico is moving forward with a constitutional reform to reduce the workweek. On December 3, 2025, the Secretary of Labor and Social Welfare announced the outcome of social dialogue with stakeholders, reaching a consensus on reducing the workweek to 40 hours. That same day, the President of the Republic presented to the Senate the initiatives containing the proposed reforms to the Political Constitution of the United Mexican States and the Federal Labor Law, respectively.

Among the main modifications planned in the package of initiatives, the following stand out:

• The ordinary working day will be 40 hours per week.
  • The regular daily working hours will be up to 8 hours for the day shift, 7.5 for the mixed shift, and 7 for the night shift.
  • For every six days of work, employees must enjoy one day of rest with pay.

• Gradual implementation, reducing by two hours on January 1st of each year, until reaching 40 hours in 2030, as follows:

• The rules for overtime are modified, increasing the maximum allowed:
  • It shall not exceed 12 hours in a week.
    • They can be distributed in 4 hours per day, over a maximum of 4 days.
    • Paid at 100% more than ordinary hours (double).
  • Overtime must be paid at 200% more than ordinary hours (triple).
    • The excess cannot exceed 4 hours (triple shifts) in a week.

This increase in overtime pay will also come into effect gradually, as follows:

• 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 reduction in wages, salaries or benefits for workers.

• Express prohibition against minors working overtime.

• Employers are required to electronically record the working hours of each employee, including the start and end times, and to provide this information to the authorities when required.
  • The Ministry of Labor and Social Welfare will issue the general provisions that determine the scope of application and exception.
  • These provisions are expected to come into effect on 1 January 2027.

If approved, as is expected, the constitutional reform would be scheduled to take effect on the day of its publication in the Official Gazette of the Federation, in accordance with the transitional provisions of the initiative, granting a period of 90 days from that moment to carry out the reforms to the secondary legislation.

For its part, the initiative to reform the Federal Labor Law contemplates its entry into force on May 1, 2026, and the period from that date until December 31, 2026 will be considered a transition period to adjust work processes.

This gradual reduction of the working day will require employers to redesign the organization of the workforce, with the consequent analysis of current shifts and future planning of staff allocations and overtime control, adjusting the Internal Work Regulations and employment contracts accordingly, implementing processes that allow them to maintain, and ideally improve, productivity.

It will be very important to closely monitor the status of these initiatives and pay close attention to their legislative process.

At S+S we are available to discuss the implications of this upcoming reform on your operations, staff organization, compliance, and updating of internal policies.