Expert Opinion on Reforming the Workweek
Ricardo Martínez Rojas, a founding partner of D&M Abogados and a labor law specialist, suggests that reforming the workweek to reduce it from 48 to 40 hours should focus on amending the Federal Labor Law (LFT) rather than the Constitution.
Martínez Rojas emphasizes that while all laws can be improved, modifying the LFT would allow for easier adjustments in the future compared to amending the Constitution.
Constitutional Limits and LFT Flexibility
The Mexican Constitution already sets a maximum daily work limit of eight hours but does not address a weekly work limit. According to Martínez Rojas, the Constitution and labor laws establish minimum standards.
“Our Constitution and labor law are based on minimums. Therefore, the Constitution sets a minimum standard. This means we can reform only the Federal Labor Law, establishing that the maximum weekly work hours will now be 40, without needing to amend Article 123 of the Constitution,” he stated in an interview with El Economista.
Martínez Rojas believes that reforming the Constitution would create inflexibility, as any future modifications after implementing a gradual approach to the 40-hour workweek might require adjustments.
“If we leave everything in the Constitution, it would require a majority vote in Congress and passage through local legislatures. However, if it’s included in the Federal Labor Law, Congress could modify it more easily. This approach makes us less legally inflexible,” he explained.
Graduality, Flexibility, and Sectoral Rules
Key aspects of the proposed workweek reduction initiative are taking shape, including gradual reduction of working hours, flexible application of the norm, and sector-specific rules based on activities and operations.
The business sector has requested consideration of non-weekly schedules, such as daily, quinzenal, or monthly arrangements, along with accrued hours and overtime.
Martínez Rojas advocates for a single mandatory weekly rest day, stating that 40-hour workweeks can be arranged productively without making companies less efficient.
“With 40 hours, we can arrange the work schedule productively. This will ensure workers get adequate rest without making businesses less efficient,” he asserted.
He further explained that a single mandatory rest day offers more flexibility than six days off, allowing for better adaptation to business needs without overburdening employers.
Regulating Overtime Hours
To accommodate the reduction to a 40-hour workweek, companies are considering hiring more employees or increasing overtime hours. Martínez Rojas proposes that overtime should not be subject to the Value Added Tax (VAT) to ensure workers receive a better income.
“The goal should be to make overtime less burdensome. Currently, workers are taxed on triple-pay hours. This tax should be removed so that workers genuinely receive higher incomes,” he explained.
He hopes that these discussions will lead to increased productivity and competitiveness in Mexico, as the global market demands it.
Key Questions and Answers
- What law should be reformed to adjust the workweek? According to Ricardo Martínez Rojas, the Federal Labor Law (LFT) should be amended for easier future adjustments.
- Why shouldn’t overtime hours be taxed? Martínez Rojas believes that exempting overtime from the Value Added Tax (VAT) will ensure workers receive a better income.
- What are the key aspects of the proposed workweek reduction? Gradual reduction, flexible application, and sector-specific rules based on activities and operations.
- How many mandatory rest days are suggested? Martínez Rojas advocates for a single mandatory weekly rest day.
