On December 3, 2025, President Claudia Sheinbaum Pardo submitted to the Senate the initiatives that, together, would redefine Mexico’s working time regime by setting a 40‑hour weekly cap, as well as new limits on overtime and the obligation to maintain an electronic record of actual hours worked.
The initiatives consist of the following:
I. Constitutional initiative to amend Article 123, Section A:
- To establish, at the constitutional level, a 40 hour workweek, with gradual implementation according to the following schedule: 48 hours in 2026, decreasing by two hours per year until reaching 40 hours in 2030. This transition will not entail any reduction in wages or benefits.
- To reaffirm the right to at least one paid day of rest for every six days of work.
- To propose a new structure for overtime under the following parameters:
- Overtime: up to 12 hours per week, which may be allocated up to four hours per day over four days, paid at a 100% premium over regular pay.
- Excess over the weekly cap: any overtime exceeding 12 hours per week will be paid at an additional 200% premium over regular pay.
- Overtime is prohibited for people under 18 years of age.
- Congress must amend secondary legislation within 90 days from the publication of the constitutional reform.
- Entry into force is proposed for the date of publication of the decree in the Federal Official Gazette.
II. Initiative to amend the Federal Labor Law (LFT):
- Establishes a 40 hour workweek, with gradual implementation consistent with the schedule proposed for the constitutional reform.
- Maintains the existing daily limits: up to eight hours for day shifts, seven hours for night shifts, and seven and a half hours for mixed shifts.
- Proposes a new structure for overtime under the following parameters:
- Overtime: up to 12 hours per week, which may be allocated up to four hours per day over four days, paid at a 100% payment over regular pay.
- Excess over the weekly cap: overtime exceeding 12 hours per week may not be greater than four additional hours per week and will be paid at an additional 200% payment over regular pay.
- Provides that the weekly cap on overtime will gradually increase to 12 hours in 2030, moving from 9 hours in 2026 and 2027, to 10 hours in 2028, 11 hours in 2029, and finally 12 hours in 2030.
- Introduces the obligation to maintain an electronic record of working hours. The Ministry of Labor and Social Welfare will issue general rules on the scope of and exceptions to this electronic record and will be the authority responsible for implementing mechanisms to collect, process, and evaluate compliance with the applicable provisions.
In light of the above, the reduction in working hours will require redesigning strategies and modifying processes to mitigate impacts on costs and operational continuity. Companies should also review their current policies to ensure progressive compliance and to be able to demonstrate such compliance in the event of a labor inspection.
These proposals constitute a phased modification of working time in Mexico. Early, staged preparation will be key to controlling costs, ensuring compliance, and supporting workforce well being during the transition.
Companies are not yet required to comply with these provisions, which have been submitted to the Labor and Social Welfare Committee and remain pending discussion and approval.
For any questions or comments, you can contact our expert team.
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