Introduction to the Labor Schedule Reform
In February, Mexico’s Congress will resume its regular sessions, and one of the topics likely to be discussed in the early days is the labor schedule reform. Proposals for constitutional and Federal Labor Law (LFT) modifications, championed by President Claudia Sheinbaum, were sent to the Senate in December and have been referred to committees. The reforms will be deliberated by the joint committees of Labor and Social Security, and Legislative Studies First.
Key Aspects of the Reform
1. Gradual Reduction of Working Hours
The reform aims to gradually reduce the working week to a maximum of 40 hours by 2030.
2. Extended Overtime
The reform also extends the permissible overtime from 9 to 12 hours weekly. This increase will be implemented gradually, starting January of the respective year, according to the following schedule:
- 9 hours in 2026
- 9 hours in 2027
- 10 hours in 2028
- 11 hours in 2029
- 12 hours in 2030
It’s important to note that these extended hours cannot be used consistently to compensate for the reduced ordinary working hours. The Federal Labor Law will still uphold the principle that work hours should only be extended under extraordinary circumstances and with the worker’s agreement.
Under this change, individuals can work up to four extra hours per day and three times a week.
The project also proposes capping triple hours at four per week, aligning with the 2024 Anti-Trafficking Persons Law, which criminalized labor exploitation for exceeding the allowed overtime limits.
3. Electronic Timekeeping: A New Employer Obligation
With the reduction in working hours, employers will have a new obligation: maintaining electronic records of work hours. Authorities can request access to this information.
The Labor and Social Security Secretariat will define the regulations and exceptions for electronic records application.
4. 40-Hour Workweek with One Day of Rest
Although the reform reduces the working week to 40 hours, it does not increase rest days; thus, maintaining one day of rest for every six workdays.
Previous proposals presented in Mexico’s Congress, including the 2023 Chamber of Deputies project, generally suggested a five-day workweek with two rest days, effectively reducing the weekly limit from 48 to 40 hours.
Key Questions and Answers
- What is the main goal of this labor schedule reform? The primary objective is to gradually reduce the standard working week to 40 hours by 2030.
- How will overtime be affected by this reform? Overtime hours will increase from 9 to 12 weekly, implemented gradually until 2030. However, these extended hours cannot be used consistently to compensate for reduced ordinary working hours.
- What new obligation will employers have under this reform? Employers must maintain electronic records of work hours, which can be requested by authorities.
- Will the reform change the number of rest days? No, the reform maintains one day of rest for every six workdays.
