Introduction
On December 3, 2025, the Presidency of the Republic presented before the Senate of the Republic the initiative to reform article 123, section A, of the Political Constitution of the United Mexican States, as well as a draft reform to the Federal Labor Law, both aimed at reducing the working day from 48 to 40 hours per week, with gradual implementation between 2027 and 2030. This proposal is the result of months of social dialogue, more than 40 work tables and 2,000 participants from the business, union and academic sectors.
For employers, the initiative represents profound operational, economic and organizational changes, particularly in shift schedules, overtime costs, timekeeping and internal compliance processes.
Context of the Initiative
The presidential initiative is composed of two complementary pieces of legislation:
- Constitutional amendment to article 123, section A (sections IV and XI).
- Draft amendments to the Federal Labor Law (LFT) to harmonize secondary legislation.
A. Constitutional amendment to Article 123, Section A.
The Constitution incorporates, for the first time, the 40-hour workweek as an express mandate, as well as new rules on overtime:
– Section IV: establishes that the workday shall be forty hours per week, under the terms established by law, and specifies that for every six days of work, workers must enjoy at least one day of rest with full pay.
– Section XI: regulates extraordinary work on the following bases:
- Overtime shall not exceed twelve hours in any one week,
- Such hours may be distributed up to four hours per day, in a maximum of four days per week,
- Overtime shall be paid at an additional one hundred percent over the regular hourly wage,
- If these twelve hours are exceeded, the consideration will be an additional two hundred percent,
- Overtime is prohibited for minors under 18 years of age.
The transitory articles of the constitutional reform also provide:
– Effective the day after its publication in the Official Gazette of the Federation.
– Congress has 90 days to adapt the secondary legislation.
– Gradual reduction of the working week:
- 2026: 48 hours
- 2027: 46 hours
- 2028: 44 hours
- 2029: 42 hours
- 2030: 40 hours
– In no case shall the reduction of working hours imply a reduction in wages, salaries or benefits of the employees.
B. Draft amendment to the Federal Labor Law
The draft decree to reform the LFT develops and implements the constitutional reform, adjusting the regulation of working hours and overtime, as well as new employer obligations. Among the key legal points are:
– New maximum legal working week: 40 hours per week.
– Adjustments to the definition of the working day (Art. 58 LFT), including a relevant conceptual change; the working day is redefined as the period of time during which the worker performs subordinate activities on behalf of the employer and must be agreed upon by the employers and workers, specifying criteria for calculation, availability and limits, as well as new rules on the distribution of time.
– Daily limits are maintained: 8 daytime, 7 nighttime, 7.5 mixed (Art. 61 LFT).
– Strict regulation of overtime in harmony with the new constitutional text:
- Maximum 12 hours per week,
- 100% pay and up to 4 triple hours in the cases determined by law.
- Absolute daily limit (Art. 68 LFT): the sum of the ordinary and overtime workday may in no case exceed 12 hours per day, in accordance with the proposed last paragraph of Article 68.
- Prohibition of overtime for minors.
- Mandatory electronic recording of the working day as a new employer’s obligation (Art. 132 LFT) as of January 1, 2027, whose detailed regulation will be issued by the STPS.
- Express confirmation that there can be no reduction in salary or benefits associated with the reduction in working hours.
Employer Impact
1. Immediate adjustments in operational planning (2026-2027)
- Review of shifts, production cycles and staffing.
- Adjustments in staggered schedules, compressed weeks or mixed schedules.
- Possible need for additional hiring to maintain productivity.
- Electronic record of all workdays of the workforce.
Direct economic impact
- Increase in the value per hour.
- Potential increase in overtime pay.
- Costs associated with the implementation of electronic record keeping systems.
New risks in labor inspections
- STPS will verify weekly and daily limits.
- Excessive working hours may result in penalties and overtime claims.
4. Individual contracts, regulations and CCTs should be revised.
- All documents referring to working days, breaks and overtime must be updated.
5. Most impacted sectors
- Manufacturing
- Retail and wholesale trade
- Hotel, food and beverage
- Transportation and storage
6. Mandatory phase-in (2027-2030)
- 2027: 46 hours
- 2028: 44 hours
- 2029: 42 hours
- 2030: 40 hours
Gradual increase in the limit of overtime allowed per week
In addition to the progressive reduction of the ordinary workday, the initiative also provides for a gradual reduction in the maximum overtime limit, advancing in parallel with the transition to the 40-hour workweek. In accordance with the constitutional transitional provisions and the explanatory memorandum:
- 2026: 9 hours of overtime per week.
- 2027: 9 hours of overtime per week.
- 2028: increase to 10 hours of overtime per week.
- 2029: 11 hours of overtime per week.
- 2030: 12 hours of overtime per week, as established in section XI of the amended Article 123.
This progression is forcing companies to adjust shifts, workloads and availability schemes, anticipating that the operating margin for overtime will widen every year until 2030.
Conclusion
The initiative to establish a 40-hour workweek is already in the legislative process and is highly likely to move forward. Workplaces should begin to diagnose impacts, review internal policies, prepare budgets and anticipate legal modifications.
At Vega, Guerrero & Asociados we are advising companies and industrial clusters on immediate impacts and 2026-2030 planning. If you need a customized impact assessment or a phased compliance plan, we are at your service.
