Introduction to the Forums on Labor Reform
Starting Thursday, forums on revising the Labor Reform of the Federal Labor Law regarding work hours will commence. The aim is to transition from a 48-hour to a 40-hour workweek. However, the positions of business and labor sectors remain distant.
Participants in the Forums
The dialogue tables will consist of representatives from:
- STPS: Secretaría del Trabajo y Previsión Social
- CCE: Consejo Coordinador Empresarial
- CMN: Consejo Mexicano de Negocios
- CTM: Confederación de Trabajadores de México
- OIT: Organización Internacional del Trabajo
- CEPAL: Oficina de México
Initial Positions and Proposals
According to the STPS proposal, the first meeting will take place at Mexico City’s Museum, with participation from government, labor, business, academia, and international organizations.
- Francisco Cervantes from the CCE
- Ana María Aguilar from the CMN
- Carlos Aceves del Olmo representing the labor sector
- Pedro Américo Furtado from OIT
- Jorge Mario Martínez-Piva from CEPAL
The CTM is expected to finalize its internal meetings by Wednesday, aiming for a unified stance before the nationwide discussion. Initial agreements include opposition to gradual implementation, with each sector or industry setting its own proposals.
CTM’s Key Points
- Reducing the weekly work hours to 40 while maintaining payment for 56 hours, with mandatory free weekends on Saturdays and Sundays.
- Working on weekends will only be allowed in exceptional cases with explicit worker authorization.
- If working on weekends, it will be treated as time off and paid accordingly according to the Federal Labor Law.
- It will be prohibited to require or force workers to labor on weekends.
Other critical points under discussion include ensuring wages are based on minimum salaries rather than UMAS and incorporating jornada reduction proposals into collective labor contracts for immediate implementation by January 1, 2026.
Employer Perspective: Gradual Implementation and Productivity
From the business sector, gradual implementation has been requested along with increased productivity before any changes affecting organizations negatively. Ricardo Martínez Rojas, a labor expert at D&M, explains the apprehension among manufacturing companies:
- Construction, mining, and metal-mechanical, automotive, and auto parts industries are concerned about the 48-hour workweek.
- Some companies operate three shifts, working six to seven days a week.
Key points from the employer side include:
- No need for constitutional reform; a labor law revision is sufficient to avoid rigidity.
- Single day of rest per week instead of two, allowing for distribution of 40 hours.
- Clarity in hourly payment regulations to avoid confusion for employers.
- Gradual implementation, especially beneficial for small and medium-sized enterprises.
Regarding tax obligations, Martínez Rojas suggests:
- Exempting overtime pay from the ISR (Income Tax) for workers.
- Exempting IMSS (Social Security Institute) payments for triple shifts.
- Ensuring 100% deductibility of social security benefits for employers to alleviate the rising labor costs.