Mexico Reduces the Workweek

On May 1, 2026, an amendment to the Federal Labor Law was published, introducing significant changes to the regulatory framework governing the duration and organization of the work shift in Mexico, following previous constitutional amendments. This amendment redefines the parameters under which work shifts, overtime, and breaks must be organized, and incorporates new obligations for employers regarding the monitoring and management of working hours.

The amendment establishes a gradual reduction of the maximum weekly workweek to 40 hours; the daytime shift remains at 8 hours per day, the night shift at 7 hours per day, and the mixed shift—which includes periods from both the daytime and night shifts, provided that the night shift is less than 3.5 hours—will remain at 7.5 hours per day.

The amendment increases the overtime cap from 9 to 12 hours per week, which may be distributed up to 4 hours per day and up to 4 days per week, and must be paid at double the regular rate. Any overtime exceeding 12 hours per week must be paid at triple the regular rate. In total, regular and overtime hours combined may not exceed 12 hours per day under any circumstances, and overtime may not exceed 16 hours per week.

One of the changes that will have the greatest impact on companies operating in Mexico is the implementation, effective January 1, 2027, of the requirement to maintain an electronic record, in which at least the start and end times of the workday must be recorded, and which must be made available to the authorities upon request. The Ministry of Labor will issue regulations governing the application of and exceptions to this record-keeping requirement. The amendment does not specify a deadline for issuing these provisions, but it is expected to be before January 1, 2027. The content of the electronic record will constitute conclusive evidence if it is proven that it was agreed upon by the employer and the employees.

Failure to maintain this record may result in a fine imposed by the Ministry of Labor. 

Both the reduction in the work shift and the increase in overtime will be implemented gradually as follows:

The amendment establishes that the remainder of 2026 should be used as a preparation period for the gradual reduction of the workweek, which will begin in January 2027. In this context, we recommend reviewing employees’ weekly work schedules, including overtime, in order to plan for the adjustment in a timely manner and assess the corresponding operational and economic impact. In some cases, such planning may involve hiring additional staff or reorganizing shifts and workloads.

We also recommend updating individual employment agreements and, where appropriate, entering into amendment agreements to reflect the new maximum weekly work hours and to include the use of electronic time tracking (regarding the latter, it will be necessary to wait for the issuance of applicable guidelines).