In Mexico, the minimum wage serves as the basis for determining the remuneration that workers should receive for their services. This amount is considered the minimum wage and represents the minimum amount that a worker can receive for work performed in a daily shift.
According to Article 58 of the Federal Labor Law (LFT), the working day is the time during which the worker is at the disposal of the employer to provide the agreed-upon service.
Meanwhile, Articles 60 and 61 establish the maximum hours for daytime, nighttime, and mixed shifts (8, 7, and 7.5 hours respectively).
On the other hand, Article 83 of the LFT allows employers and employees to agree on salary payment per unit of time, whether per hour or per day, as long as the salary amount is remunerative. This means that the worker and the employer can agree on the amount, but it cannot be lower than the minimum wage.
Although it might be considered that an employer can hire a worker for a reduced period and pay only for the hours worked (reduced working day), it is important to note that the agreed-upon salary cannot be lower than the current minimum wage. In 2024, this is 374.89 MXN for the northern border zone and 248.93 MXN for the rest of the country.
Therefore, even if there is staff with reduced working hours, the agreed-upon salary must comply with the minimums established by the law.
In case of doubts regarding the implementation and regulation of reduced working hours, the Labor team at Vega, Guerrero & Asociados is available to provide advice.
