Background and Relevance of the Issue
The Observatorio Ciudadano para la Reforma Laboral (OCRL), a citizen monitoring body for labor reform, has resumed discussions on crucial topics for the sector. Among these is the reform of the working week to 40 hours, which experts say needs updating to align with current social, political, economic conditions and technological advancements, according to Alfonso Bouzas, OCRL coordinator.
Urgency for Labor Law Update
Experts emphasize the necessity to modernize labor laws dating back to 1917. They argue that these outdated regulations fail to address contemporary challenges, including the normalization of excessive work hours and overtime in Mexico. This trend, they say, undermines the exceptional nature of overtime work and jeopardizes workers’ rest, health, and family life. Critics, like magistrate Héctor Arturo Mercado, point to a Supreme Court jurisprudence that they believe encourages excessive workloads by shifting the burden of proof for overtime onto workers after nine hours.
Frustration Over Slow Implementation
There is growing frustration over the slow pace of reducing working hours, especially since discussions about this issue began two years ago with a perceived consensus. Experts and unionists view the government’s proposed five-year grace period as excessive, arguing that technological and productivity adaptation should not take more than a year.
Enforcement and Monitoring Concerns
Another concern raised by specialists is the lack of effective oversight for the new regulations. Mexico has a significantly smaller number of labor inspectors (600) compared to the European average, making comprehensive supervision challenging. Jorge Antonio Loyo Pérez highlighted this issue.
Case Studies and International Comparisons
María Karla Rebececa Carrasco Soulé pointed out that some companies, like Walmart, are piloting new models such as 4-day weeks of 10 hours and 6-day weeks of 6.5 hours, seeking more functional organization tailored to individual worker needs.
Mexico’s Non-Ratification of ILO Convention 47
Experts also noted that Mexico has not ratified ILO Convention 47, which advocates for a 40-hour workweek. Moreover, Recommendation 116 urges nations to limit workweeks to 40 hours or, at most, 48 hours including overtime. Countries like France have already adopted a 35-hour workweek, while Mexico ranks 21st among nations with the longest working hours according to the ILO.
Key Questions and Answers
- What is the main issue being discussed? The need to update Mexico’s outdated labor laws from 1917 to reflect current social, political, economic conditions and technological advancements.
- Why is there a push for a 40-hour workweek? To modernize labor regulations, address excessive overtime, and better protect workers’ rest, health, and family life.
- What challenges does the implementation face? Concerns over transition duration, enforcement mechanisms, and labor unions’ capacity to drive change.
- Why is Mexico’s non-ratification of ILO Convention 47 significant? It means Mexico has not committed to limiting workweeks to 40 hours or no more than 48 hours, including overtime. This places Mexico behind countries like France that have already adopted shorter workweeks.
