Background and Relevance of the Proposed Changes
The Mexican federal government aims to resume discussions on the 40-hour workweek in November, with a goal of gradually implementing it by May 2026. This initiative seeks to balance consensus, gradualism, and sustainability.
Following the legislative debate on the 2026 Budget, the focus will shift to reducing the workweek. President Claudia Sheinbaum has confirmed that the 40-hour workweek discussion will resume in November. Meanwhile, internal negotiations about the proposal’s specifics continue within the government.
Although the Labor Secretary, led by Marath Bolaños, did not meet the initial timeline to present the project to the Chamber of Deputies by September 1, discussions about the initiative persist within the department.
Key Aspects of the Proposed Reform
- Gradual Implementation: The target is to begin the gradual reduction of the workweek, transitioning from 48 to 40 hours per week over five years, starting May 1, 2026, during Labor Day celebrations.
- Daily Hour Limits: The proposal includes setting a daily maximum of 8 hours, potentially extending nocturnal and mixed shifts slightly, as current rules define them at 7 hours and 7.5 hours, respectively.
- Labor Exploitation Reform: The reform from June 2024, which categorizes work hours exceeding federal limits as labor exploitation, may be adjusted. This could allow for more overtime hours per shift.
Unresolved Questions and Considerations
- Sector-Specific Workweeks: There is uncertainty about whether there will be differentiated workweeks for sectors with unique working formats and employment modalities.
- Employer-Employee Fiscal Schemes: It remains unclear if the fiscal/employer schemes of companies regarding social benefit packages will be adjusted.
Impact on the Workforce
According to Mexico’s National Occupation and Employment Survey (ENOE), 50% of salaried workers in Mexico work between 40 and 48 hours weekly, while another 23% works beyond the legislative limit. A gradual reduction in workweek hours could benefit three-quarters of the subordinated labor force.
Despite any adjustments made by the government in its project, these changes will not hinder the decision to increase the minimum wage by a double-digit percentage. The next year will maintain the wage level close to 12%.
International Context and Standards
Mexico remains among OECD countries with the highest annual work hours (2,207) compared to the organization’s average of 1,740 hours. Reducing workweeks would move Mexico closer to international standards and ILO recommendations, which warn that extended work hours negatively affect health, work-life balance, and productivity.
Consensus-Building Efforts
The federal government aims for a consensus-based project, unlike Susana Prieto’s failed attempt in the Chamber of Deputies in 2023. The Labor and Social Security Department (STPS) has led technical tables with employers and unions to define a flexible and phased scheme. However, achieving unanimous support may be challenging, especially in the current economic uncertainty.
The 40-hour workweek reform advances with political backing, but its success hinges on meticulous planning. Each adjustment, exemption, and transition formula will count. Simply reducing hours won’t suffice; Mexico must redesign how work is organized. The challenge is significant, and rushing may prove counterproductive.
