The 40-hour workweek: A change Mexico can no longer postpone

The 40-hour workweek: A change Mexico can no longer postpone
Francisco Vilchis Orea

Francisco Vilchis Orea

f.vilchis@mxavp.com

Mexico has already opened the door to one of the most significant labour changes in recent decades. The gradual reduction of the maximum weekly working hours from 48 to 40. The constitutional reform to Article 123, published on 03 March 2026, established this new right and ordered its progressive implementation: 48 hours in 2026; 46 in 2027; 44 in 2028; 42 in 2029; and 40 in 2030, with no reduction in wages, salaries, or benefits. The corresponding secondary reform to the Federal Labour Law was published on 01 May 2026.

A key point is that the reform does not impose a five-day workweek. It preserves the rule of at least one day of rest for every six days worked, meaning companies may distribute working hours by agreement with employees, provided they remain within the new legal limits. The reform also redefines overtime, which must be paid at double the regular rate within the legal threshold. If that limit is exceeded, up to four additional hours per week must be paid at triple the regular rate. In addition, the combined total of regular and overtime hours may never exceed 12 hours per day, and overtime remains prohibited for workers under the age of 18.

Another important development will be the electronic working-hours record. Once the Ministry of Labour and Social Welfare issues the applicable provisions (effective in 2027), employers will be required to record the start and end time of each workday, and, where applicable, provide such records to the labour authority. Non-compliance may result in fines ranging from MXN 29,327 to MXN 586,550. This record will no longer be merely an “internal control”; it will become mandatory evidence.

Likewise, an additional article was incorporated into the Federal Labour Law, establishing that the Ministry of Labour and Social Welfare may issue labour and social security compliance certificates. This is particularly relevant for agro-export supply chains, where compliance has already become a factor of competitiveness.

This reform takes place in a broader context: the Organisation for Economic Cooperation and Development (OECD) measures working time as the actual annual hours worked per employed person, and Mexico has consistently ranked among the countries with the longest working hours. The International Labour Organisation has also warned that excessive working hours affect health, safety, productivity, and work-life balance.

Companies are strongly encouraged not to wait until 2030. They should begin reviewing shifts, productivity models, employment contracts, internal work regulations, payroll practices, and telework arrangements proactively as of 2026. For workers, the message is clear – fewer hours must not mean lower pay. The real challenge will be to turn the reduction in working time into better organisation, not simulation.

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