Reduction of Working Hours
Reduction of Working Hours
It is a fact. The reduction in working hours came to fruition
On March 3rd of this year, the evening edition of the Official Gazette of the Federation published the constitutional reforms that will progressively reduce working hours in Mexico.
The decree published today was based on historical, comparative, and statistical data to justify this long-awaited and controversial reform, and the following was approved:
Article 123 of the Constitution is amended to define that:
The workday shall be 40 hours per week under the terms established by law.
For every six days of work, workers shall be entitled to at least one day of rest with full pay.
When, due to extraordinary circumstances, the working hours must be increased, the salary for this time shall be one hundred percent more than that set for ordinary hours.
Overtime shall not exceed twelve hours in a week, which may be distributed in up to four hours per day, on a maximum of four days in that period.
The extension of overtime beyond the provisions of the preceding paragraph shall oblige the employer to pay two hundred percent more than the salary corresponding to the hours of the ordinary working day, in accordance with the provisions of the relevant law.
Employees under the age of eighteen may not work overtime.
However, it is of utmost interest to us to convey the transitional provisions of the reform, given that a waiting period is granted for its entry into force, establishing the following:
TRANSITIONAL PROVISIONS:
FIRST. This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation.
SECOND. The Congress of the Union shall make the reforms to secondary legislation within 90 days of the publication of this Decree.
THIRD. The duration of the working day referred to in Article 123, section A, subsection IV of this Decree shall be achieved gradually, starting on January 1st of the corresponding year, as follows:
FOURTH. Under no circumstances shall the reduction in the working day imply a reduction in the wages, salaries, or benefits of workers.
Therefore, it is important to mention that companies must be prepared to make the corresponding changes within the established time frames in order to comply with the Law and avoid labor contingencies.
Please stay tuned to our publications and the strategies we will design for the implementation of this significant change, because people who know, know BDO.
On March 3rd of this year, the evening edition of the Official Gazette of the Federation published the constitutional reforms that will progressively reduce working hours in Mexico.
The decree published today was based on historical, comparative, and statistical data to justify this long-awaited and controversial reform, and the following was approved:
Article 123 of the Constitution is amended to define that:
The workday shall be 40 hours per week under the terms established by law.
For every six days of work, workers shall be entitled to at least one day of rest with full pay.
When, due to extraordinary circumstances, the working hours must be increased, the salary for this time shall be one hundred percent more than that set for ordinary hours.
Overtime shall not exceed twelve hours in a week, which may be distributed in up to four hours per day, on a maximum of four days in that period.
The extension of overtime beyond the provisions of the preceding paragraph shall oblige the employer to pay two hundred percent more than the salary corresponding to the hours of the ordinary working day, in accordance with the provisions of the relevant law.
Employees under the age of eighteen may not work overtime.
However, it is of utmost interest to us to convey the transitional provisions of the reform, given that a waiting period is granted for its entry into force, establishing the following:
TRANSITIONAL PROVISIONS:
FIRST. This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation.
SECOND. The Congress of the Union shall make the reforms to secondary legislation within 90 days of the publication of this Decree.
THIRD. The duration of the working day referred to in Article 123, section A, subsection IV of this Decree shall be achieved gradually, starting on January 1st of the corresponding year, as follows:
| YEAR | WORKING DAY |
| 2026 | 48 |
| 2027 | 46 |
| 2028 | 44 |
| 2029 | 42 |
| 2030 | 40 |
FOURTH. Under no circumstances shall the reduction in the working day imply a reduction in the wages, salaries, or benefits of workers.
Therefore, it is important to mention that companies must be prepared to make the corresponding changes within the established time frames in order to comply with the Law and avoid labor contingencies.
Please stay tuned to our publications and the strategies we will design for the implementation of this significant change, because people who know, know BDO.