Experts Agree: 40-Hour Workweek Offers Chance to Address Existing Labor Law Challenges
The transition to a 40-hour workweek presents an opportunity to tackle existing labor law challenges, such as hourly pay and special schedules, according to labor law experts.
Hourly Pay: A Complementary Measure
Sofía Gómez Bautista, a partner at Assembla Law, suggests that hourly pay could be a beneficial complement to reducing working hours. Although recognized in the Federal Labor Law (LFT) since 2012, its application is complex due to a provision stating that no one can earn less than the minimum wage, which is set daily. This interpretation could be considered unconstitutional, as it prevents fractioning the minimum wage.
However, hourly pay could be a viable solution to address labor demands amid reduced working hours, according to Gómez Bautista. “With clearer regulations and shorter work schedules, calculating benefits based on salary or social security contributions would become less burdensome,” she explains.
Special Schedules: Another Wish
As the legislative debate approaches, experts like Estefanía Rueda from Littler emphasize the need for clearer regulations on special schedules. Rueda believes that a well-drafted reform should recognize special schedules for the first time and eliminate existing work schedule types.
“With a 40-hour workweek, we shouldn’t limit ourselves to daily hours for each schedule type,” Rueda argues. “A more precise regulation would facilitate the application of special schedules.”
Expectations for the Workweek Reform
Experts agree that a gradual, progressive, and differentiated change will be respected in the workweek reduction, according to Gómez Bautista. “All parties acknowledge that this change cannot be implemented immediately,” she notes.
Rueda concurs on the importance of gradualism and expects it to prevail in the reform. She also advocates for methods and recommendations to boost productivity alongside reduced working hours.
Rueda stresses the need for differentiated rules, emphasizing that distinctions should be made between company size and industry types. “It’s crucial to make these distinctions and avoid a one-size-fits-all approach. We should also explore how to structure it for viability,” she concludes.
Key Questions and Answers
- What is the main opportunity presented by the 40-hour workweek proposal? It offers a chance to address existing labor law challenges, such as hourly pay and special schedules.
- Why is hourly pay application complex? The Federal Labor Law recognizes hourly pay since 2012, but a provision states no one can earn less than the minimum wage, which is set daily. This interpretation complicates its application.
- What are special schedules, and why is their regulation important? Special schedules refer to work arrangements different from standard full-time schedules. Clearer regulations would facilitate their application.
- What are the experts’ expectations for the workweek reform? They anticipate a gradual, progressive, and differentiated change that respects all parties’ consensus. They also expect methods to boost productivity alongside reduced working hours and differentiated rules based on company size and industry types.
