Government Reform Aims to Reduce Working Hours
The Mexican government’s reform proposal for reducing working hours includes making electronic timekeeping an employer obligation. Currently, the Federal Labor Law (FLL) does not mandate any similar responsibility.
Experts Weigh In
Mayeli Cabral, a labor law specialist at Chevez Ruíz Zamarripa, explains that until now, using check-in clocks or recording employee entry and exit times has been optional for employers. She considers this new provision “truly significant” as it clarifies the start and end of work hours.
Carlos Ferran Martínez, a partner at Ferran Martínez Abogados, agrees that documenting working conditions is a positive step. “The better we document things, the better it is for everyone,” he says.
Details of the Proposed Reform
According to the proposal sent by President Claudia Sheinbaum to the Senate, employers would be required to electronically record each worker’s work schedule, including start and end times.
Additionally, employers would be obligated to provide the electronic records to authorities upon request.
Marité Villanueva, a labor law attorney and HR advisor, emphasizes the importance of transparency. “Ambiguity in recording hours has not been a priority for many years, and having clarity—even allowing for performance measurement with data—is beneficial for companies.”
STPS to Issue General Dispositions
The Secretariat of Labor and Social Prevision (STPS) will be responsible for establishing general rules for the application and exceptions of electronic timekeeping, as proposed in the working hours reduction reform.
Clarifying Multi-Shift Work
Jimena Sánchez, a founding partner of Employment Legal Aid, points out that one area needing more clarity is managing electronic timekeeping for companies with multiple work schedules.
“A company might have 10 different schedules, often rotating. We need to understand if companies will simply provide a menu of available shifts or if individual employee assignments must be identified,” she says.
Overtime: What’s Next?
The government’s reform proposal aims to gradually reduce working hours, reaching a 40-hour weekly limit by 2030. Simultaneously, it proposes expanding permissible overtime from 9 to 12 hours weekly, with a progressive increase. The proposal also sets a weekly limit (4 hours) for triple-shift hours for the first time.
Flexibility in Work Distribution
Mayeli Cabral believes the proposal allows for flexibility in work distribution, benefiting both employees and employers without affecting productivity.
Triple-Shift Limit: Significance
Carlos Ferran Martínez considers the triple-shift limit “relevant” since there has been no previous cap. “This reform clarifies labor legislation regarding preventing human trafficking, which has penal implications when exceeding overtime hours.”
Two Days of Rest: What Changes?
Despite the proposed reduction to 40 weekly hours, both constitutional and FLL modifications maintain the six-day workweek, one-day rest formula. This does not extend weekly rest days.
Potential Drawbacks
Jimena Sánchez believes this approach might diminish the positive impact of the change. “If our goal is for people to rest, the ideal scenario would be five workdays and two rest days, as it would obligate employers to grant those two days off,” she says.
If the current mathematical formula remains, 40 weekly hours would require nearly 7-hour workdays, which doesn’t significantly change early morning commute times, according to Sánchez.
Key Questions and Answers
- What is the main change in Mexico’s labor law? Electronic timekeeping will become an employer obligation by 2026.
- Why is this change significant? It provides clarity on work hours and promotes better documentation of working conditions.
- What is the proposed reduction in working hours? The target is a 40-hour weekly limit by 2030.
- How will overtime be affected? The proposal expands permissible overtime from 9 to 12 hours weekly and sets a weekly limit for triple-shift hours.
- Will there be changes to the workweek formula? No, the six-day workweek, one-day rest formula will remain.
- What challenges might arise from these changes? Companies with multiple work schedules may need clarification on managing electronic timekeeping, and the overtime limit change could create a gap for those genuinely wanting to work more hours.
