Background on the Reform and Its Key Figures
The Mexican Senate has unanimously approved a constitutional reform to decrease the standard workweek from 48 hours to 40 hours. This decision aims to promote social justice and public health through labor rights, ensuring that the reduction in working hours does not result in lower wages for employees. The reform also sets new limits on overtime work and prohibits it for individuals under 18 years old.
Senator Geovanna Bañuelos de la Torre, president of the Labor and Social Security Commission, emphasized that reducing working hours does not mean decreased productivity but rather a better quality of life. She highlighted that the well-being of workers should not only be measured economically but also in terms of their overall quality of life. Bañuelos pointed out that prolonged working hours are associated with increased fatigue, stress, physical and mental health issues, and decreased job performance according to the International Labour Organization (ILO).
Key Changes in the Reform
- New maximum work limit: The new constitutional amendment sets a maximum of 40 working hours per week.
- Overtime restrictions: The reform establishes a new maximum limit for overtime work at 12 hours per week, distributed across no more than four hours daily and up to four days a week. Workers under 18 are explicitly prohibited from engaging in overtime work.
- Overtime payment: For up to 12 hours of overtime per week, employers must pay an additional 100% of the regular salary. If overtime exceeds this limit, employers are obligated to pay 200% of the regular salary.
Next Steps and Opposition Concerns
Although the Senate has approved the constitutional reform, the workweek reduction will not take effect immediately. The legislative process will continue in the Chamber of Deputies, followed by submission to the Executive for publication in the Federal Register (DOF). The Congress of the Union still needs to approve amendments to the Federal Labor Law, which will establish deadlines for employers, overtime increment schemes, and the obligation to maintain electronic records.
Despite general agreement on the reform, opposition lawmakers have expressed concerns about not explicitly stating a five-day workweek with two days of rest. Senator Cristina Ruiz Sandoval (PRI) argued that working six days a week is not rest, as workers still face the same challenges and long hours away from home.
Senator Clemente Castañeda (MC) echoed these concerns, stating that without increasing the weekly rest period in the Constitution, the reform is insufficient to improve workers’ quality of life, health, and dignity. He emphasized that the struggle for a 40-hour workweek with two days of rest is a fight for people’s freedom, their right to live and enjoy life, and gender equality.
Senators from the PRI party, Karla Toledo Zamora and Cristina Ruiz Sandoval, warned that the increased overtime limit (up to 56 hours) could negate the benefits of the reform, leaving workers more exhausted and underpaid. They suggested that instead of increasing overtime, employers should be encouraged to hire more personnel.
Key Questions and Answers
- When will the 40-hour workweek take effect? The reform is still in the legislative process, so the exact date of implementation remains unclear. It must pass through the Chamber of Deputies and be signed by the Executive before being published in the Federal Register.
- Will all workers benefit from this reform? The reform primarily targets formal sector employees, as 55% of Mexican workers are in the informal sector and unlikely to benefit from this change.
- What are the new limits on overtime work? The reform sets a maximum of 12 hours of overtime per week, distributed across no more than four hours daily and up to four days a week. Workers under 18 are prohibited from engaging in overtime work.
- How will overtime be compensated? For up to 12 hours of overtime per week, employers must pay an additional 100% of the regular salary. If overtime exceeds this limit, employers are obligated to pay 200% of the regular salary.
