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Federal Executive Initiative and Key Dates
On December 3, 2025, an initiative of the Federal Executive regarding working hours was presented to the Senate Chamber of Senators. Among its most important aspects, the proposal contemplates a gradual reduction of the weekly working day to 40 hours in the year 2030, keeping the maximum limits of the daily working day unchanged and expressly prohibiting any reduction in salaries or benefits.
This adjustment is proposed progressively, with the objective of allowing workplaces to have the time necessary to adapt their operating processes, internal organization schemes and productivity models.
Gradual reduction of working hours in Mexico
The initiative proposes a phased implementation of the 40-hour workday, which seeks to generate an orderly transition for employers. The gradual approach recognizes the need for internal adjustments in the operation of workplaces, without affecting existing working conditions or the acquired rights of workers.
Overtime work and new rules on overtime
In the area of overtime work, the initiative foresees a gradual increase in the number of overtime hours allowed, albeit under a stricter regulatory scheme. Overtime pay would be maintained with an increase of 100% over the salary, while those that exceed the allowed weekly limit must be paid with an additional 200%.
It is also established that the sum of the ordinary and overtime working hours may not exceed 12 hours on the same day, reinforcing the maximum limits of daily work.
Flexible distribution of the working day
As proposed, the initiative opens up the possibility for the distribution of working hours to be agreed upon by common agreement between the parties, allowing for the adoption of more flexible schemes for organizing working time. These agreements must be duly documented, as a condition for their validity and correct implementation.
New employer duty: electronic record of working hours
In addition, the proposal incorporates a new employer's duty, consisting of the obligation to keep an electronic record of the time of entry and departure of each worker. This record must be submitted to the Ministry of Labor and Social Security when required.
It is important to specify that the initiative does not provide, at least in its current wording, for the obligation to record rest periods for eating food, limiting the employer's duty to controlling the start and end times of the day. The labor authority will be responsible for issuing the general provisions, technical guidelines and possible exceptions necessary for the correct implementation of these control systems.
Entry into force and implementation schedule
The reform foresees that it will come into force on May 1, 2026, establishing a period of administrative adjustment that will end on December 31, 2026, during which workplaces must adapt their systems, internal policies and organizational schemes to comply with the new provisions.
However, since this is a constitutional reform, the corresponding legislative process must follow, so the first effective reduction in the working day will apply as of January 1, 2027.
Monitoring the legislative process and practical considerations
Our team is keeping an eye on the evolution of this legislative process and will continue to analyze its scope and practical implications for workplaces, particularly in terms of labor compliance, internal organization and operational planning.
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