Reduction of the workweek in Mexico: 40 hours per week
The reduction of the working day has already been officially published and establishes how the new limit of hours will be applied and what will happen to salaries.
The reduction of the workday is one of the most important changes that has just been confirmed in the labor legal framework in Mexico. The reform is now part of the Constitution and establishes a new scheme of working hours that will be applied progressively over the next few years.
The decree was published on March 3, 2026, in the Official Journal of the Federation (DOF) and modifies fractions IV and XI of Section A of Article 123 of the Constitution. With this update, the country will begin a gradual transition to a maximum workday of 40 hours per week.
The change is part of the labor agenda promoted by the government of President Claudia Sheinbaum and represents one of the most relevant adjustments in the organization of work in recent decades.
The reform establishes that the new scheme will not be applied immediately, but through a progressive process that will extend until the year 2030. During that period, the maximum number of weekly hours will be reduced gradually.
The constitutional reform that changes working hours
The reform published in the DOF modifies the constitutional framework that regulates working hours in Mexico.
Until now, the legal limit for the workday was 48 hours per week. With the new decree, that maximum will be gradually reduced to 40 hours per week.
The updated constitutional text establishes that "the workday will be forty hours per week under the terms established by law."
However, the change will not occur immediately. The government defined a progressive schedule to allow companies and workers to adapt to the new labor model.
The official schedule will be as follows:
- 2026: maximum workday of 48 hours per week
- 2027: maximum workday of 46 hours per week
- 2028: maximum workday of 44 hours per week
- 2029: maximum workday of 42 hours per week
- 2030: maximum workday of 40 hours per week
This scheme aims to facilitate the adaptation of the productive sector and avoid abrupt impacts on the organization of companies.
The gradual reduction will also allow for adjustments in production processes, work schedules, and personnel structures over several years.
How salaries will be affected by the reduction of the workday
One of the aspects that generated the most uncertainty among workers and employers was the possible impact of the reform on salaries.
The decree published in the DOF clarified this point explicitly.
The regulation establishes that the reduction of the workday cannot imply a decrease in workers' income.
The fourth transitional article of the decree clearly states that:
"In no case will the reduction of the workday imply a decrease in wages, salaries, or benefits of workers."
This means that as weekly working hours decrease, workers will continue to receive the same salary they earned before the reform.
In other words, monthly income will not be reduced even if the weekly working time is less.
This point was key in the legislative debate, as many unions and labor organizations considered it essential to ensure that the reform did not affect workers' purchasing power.
The weekly rest remains intact
The constitutional reform also reaffirms the right to paid weekly rest.
The new text establishes that for every six days of work, workers must enjoy at least one day of rest with full pay of their salary.
This principle already existed in labor legislation, but the reform maintains it as a fundamental guarantee within the new reduced workday scheme.
Thus, the change in working hours does not modify the rights already established regarding rest nor does it affect existing labor benefits.
How overtime will work with the new workday
The decree also defines how overtime will be applied within the new labor scheme.
When exceptional circumstances require extending the workday, workers must receive a payment higher than that of normal hours.
The constitutional text establishes that the salary corresponding to those hours must be paid with an increase of 100% additional compared to the value of the ordinary hour.
In practical terms, this means that each extra hour must be paid at double the usual salary.
Additionally, the decree sets clear limits to prevent abuses in the use of overtime.
The document states that extra work cannot exceed 12 hours in a week.
These hours may be distributed in shifts of up to four additional hours per day, for a maximum of four days within the same weekly period.
What happens if the overtime limit is exceeded
The reform also provides for economic penalties in case the employer exceeds the legal limit of overtime work.
If the extra time exceeds the 12 hours allowed per week, the payment must increase even more.
In that scenario, the employer will be obliged to pay 200% additional on the salary corresponding to ordinary hours.
This means that the value of those hours would be equivalent to triple the normal hourly pay.
The intention of this provision is to discourage the excessive use of extraordinary shifts and protect the health and well-being of workers.
Overtime: new rules
- Overtime is paid at double the value of the ordinary hour (100% more).
- The limit is 12 hours of overtime per week, distributed in a maximum of 4 hours daily and up to 4 days in that period.
- If that limit is exceeded, the penalty increases to triple (200% more than the ordinary salary).
- Minors under 18 years old are prohibited from performing overtime.
Restrictions for minors
The decree also reaffirms an important norm in labor protection.
Individuals under 18 years old will not be allowed to perform extraordinary work under any circumstances.
This prohibition seeks to prevent situations of labor exploitation and ensure that young workers do not face excessive work burdens.
The restriction was already part of the legal framework, but the constitutional reform ratifies it within the new workday system.
A historic change in labor legislation
The reduction of the workday represents one of the most significant changes in Mexican labor legislation in recent decades.
The transition process to 40 hours per week reflects a trend that has already been consolidated in several countries around the world.
Various studies have indicated that shorter workdays can contribute to improving productivity, reducing work stress, and increasing workers' well-being.
However, the main challenge will be the gradual implementation of the new scheme.
Companies, unions, and authorities will need to coordinate to adapt work models and ensure that the transition occurs without affecting job stability or the competitiveness of companies.
Salaries, wages, and benefits cannot be reduced under any circumstances as a result of this reform. The worker will receive the same payment even if they work fewer hours as the transition progresses. Weekly rest is also maintained: at least one day for every six worked, with full salary benefits.
This is one of the most significant labor changes in Mexico in decades, and its real impact will depend greatly on how it is regulated in the Federal Labor Law during the transition period.