Article
17.02.2026

Towards the 40-hour workday in Mexico: constitutional reform and next steps

The 40-hour labor reform in Mexico marks a milestone in the regulation of working time and in labor relations.

40-hour labor reform in Mexico

The 40-hour labor reform in Mexico marks a milestone in the regulation of working time and in labor relations between employers and workers. On February 11, 2026, The Senate approved the constitutional reform that reduces the maximum regular weekly working day from 48 to 40 hours.
That same day, in the Parliamentary Gazette of the Chamber of Deputies, the minutes of the draft decree were published, indicating that its legislative process will proceed with high priority, even under a fast track scheme, since it is a presidential initiative.

Current status of the constitutional reform

This reform must still be discussed and voted on by a qualified majority in the Chamber of Deputies, as well as approved by the majority of state congresses. The initiative Amend Article 123, Section A, fractions IV and XI of the Political Constitution of the United Mexican States, to establish relevant changes in the area of working hours and overtime.

Main changes proposed in the working day

The constitutional reform includes the following adjustments:

  • The ordinary working day will increase from 48 to 40 hours a week.
  • The first twelve overtime hours of the week will be paid with double the salary and, starting at the thirteenth hour, with triple the salary. Currently, the first nine hours are paid twice and, starting at hour ten, triple.
  • The first twelve overtime hours may be distributed over up to four hours a day, with a maximum of four days per week. Nowadays, the first nine overtime hours cannot exceed three hours a day or three consecutive times.
  • The minimum age for working overtime is increased from sixteen to eighteen.
  • The rest days are unchanged, with one day of rest being maintained for every six days of work.

Legal and operational impact for companies

The impact of this constitutional reform will depend on the way in which it is articulated with ordinary legislation, the general provisions issued by the labor authority and the interpretative criteria that are developed.
As this is a constitutional reform, its final approval is still required by the Chamber of Deputies, the state congresses, as well as its enactment and publication in the Official Gazette of the Federation. However, its approval is imminent, as is a possible reform of the Federal Labor Law.

Recommendations for employers

Our recommendation for employers is to anticipate and prepare for 2026. Technical and preventive care will allow workplaces to adapt labor processes and policies with opportunity and legal certainty.

Our Team is available to evaluate the impact of the 40-hour labor reform on your organization and provide strategic work planning, through:

  • Evaluation of internal work processes.
  • Identification of necessary adjustments to optimize existing human resources.
  • Containment of the financial impact.
  • Review and adaptation of contracts, policies, regulations and internal processes.
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