As a follow-up to our Legal Alert of March 5, 2026, in which we reported on the constitutional reform to Article 123 that elevated the 40-hour workweek to constitutional rank, it is time to report a legislative advance of equal relevance: the Plenary of the Chamber of Deputies approved in general the ruling that reforms the Federal Labor Law, making the constitutional mandate operative and enforceable.
With this approval, the reform ceases to be a constitutional principle awaiting secondary development and becomes a set of concrete obligations, defined deadlines and legal consequences for employers.
What does this amendment to the Federal Labor Law change?
The approved ruling develops in secondary legislation the principles already incorporated in Article 123 of the Mexican Constitution. The following is a description of the regulatory changes that have the greatest impact on employers:
Maximum working week of 40 hours
Article 59 of the LFT is amended to establish that the maximum duration of the ordinary workday will be 40 hours per week, applicable to all types of workday: day, night and mixed. The current daily limits for each type are maintained.
New legal framework for extraordinary work
The opinion regulates in secondary legislation the constitutional framework for overtime, establishing the following rules:
- The first 12 hours of overtime per week will be paid at double the regular salary, distributable in up to 4 days.
- Hours in excess of this limit (up to 4 additional hours per week) must be paid at triple the rate.
- The sum of ordinary and extraordinary working hours may not exceed 12 hours per day.
3. Weekly rest
The constitutional principle remains unchanged: for every six days of work, the employer must grant the employee at least one day off with full pay.
4. Mandatory electronic recording of working hours
This is one of the elements with the greatest operational impact for companies. The ruling incorporates the employer’s obligation to electronically record the start and end of each worker’s working day, through a platform administered by the Ministry of Labor and Social Welfare (STPS). The key aspects are:
- The record shall have full probative value when agreed between the parties.
- Failure to comply with this obligation will be sanctioned with fines from 250 to 5,000 UMAs.
- This obligation will come into force on January 1, 2027, which leaves employers a margin for adaptation of approximately eight months.
A relevant point: alignment with previous normative tension
In our previous Legal Alert we warned about the possible tension between the new constitutional framework -which established 12 hours of overtime paid at double the weekly rate- and Article 68 of the current LFT, which established a limit of 9 hours. This secondary reform expressly resolves such tension, raising the weekly limit of overtime hours paid at double the rate to 12 hours, in congruence with the constitutional text. This eliminates the interpretative uncertainty that could have generated divergent judicial criteria in the short term.
Wage protection and vested benefits
The reform confirms the constitutional principle that the reduction of the workday may not imply, in any case, a reduction in salaries or benefits for workers. This principle is of public order and cannot be waived; any unilateral adjustment by the employer to the detriment of the worker would constitute a violation of the constitutional text and the reformed LFT.
Gradual implementation: the timetable that every employer should know
In accordance with the transitory articles of the constitutional reform, both the reduction of the regular workday and the annual extension of the double overtime limit will operate progressively:
| Year | Maximum ordinary working week | Double overtime (max/week) | Additional Event / Obligation |
|---|---|---|---|
| 2026 | 48 hours | 9 hours (LFT in force) | Adjustment period: 1 May – 31 Dec 2026 |
| 2027 | 46 hours | 9 hours | Mandatory electronic registration (1 Jan 2027) |
| 2028 | 44 hours | 10 hours | Extension of double overtime |
| 2029 | 42 hours | 11 hours | Extension of double overtime |
| 2030 | 40 hours | 12 hours | Full regime: 40-hour week |
What should employers analyze from now on?
Although full implementation of the new standard will reach its end point in 2030, the approval of this secondary reform immediately triggers a set of obligations and deadlines. We recommend that companies start analyzing:
- The economic impact of the progressive reduction of working hours without affecting salaries, including adjustments in payroll and benefits.
- The viability of current shift and operating schedules in the face of new daily and weekly workday limits.
- Early implementation of an electronic time and attendance system compatible with STPS requirements by January 1, 2027.
- The revision of individual contracts, collective bargaining agreements and internal regulations that contain provisions that are incompatible with the new regulatory framework.
- The strategic and documented use of extraordinary work within the constitutional and legal limits in force at each stage of the transition.
The general approval of this reform to the Federal Labor Law is neither an isolated event nor a minor legislative procedure. It is the piece of legislation that converts constitutional principles into enforceable obligations with legal and economic consequences for employers.
With respect to the legislative process, it should be noted that the reform has concluded its passage through the Legislative Branch, for which reason the only pending step is its publication in the Official Gazette of the Federation. In view of the repeated practice of the present and previous administrations of publishing labor reforms of this nature on emblematic dates of the labor calendar, as well as the content of the transitory articles themselves, we anticipate that such publication will occur on May 1, 2026.
Once published, the reform will be formally enforceable under the terms and deadlines set forth in the transitional regime. The transition process is already underway and deadlines are running. We will continue to closely monitor this and the other stages of implementation, as well as the judicial and administrative criteria that arise in connection with the application of the new regulatory framework.
We remain at our clients’ disposal to accompany them in the evaluation of the impact of this reform and in the planning of its implementation, both in the immediate stage and in the gradual process towards 2030.
