The amendment to Article 123 of the Mexican Constitution establishes a maximum 40-hour workweek, introduces new overtime rules and provides for a gradual reduction in working hours between 2027 and 2030.
On March 3, 2026, a Decree amending Sections IV and XI of Part A of Article 123 of the Mexican Constitution regarding the reduction of working hours was published in the evening edition of the Federal Official Gazette. The Decree entered into force on the same day.
The reform establishes a maximum 40-hour workweek and preserves employees’ right to at least one fully paid rest day for every six days worked.
It also expressly provides that the reduction in working hours may not result in lower wages, salaries or employee benefits.
Implementation of the 40-hour workweek will be gradual. Beginning on January 1, 2027, the maximum weekly working time will decrease by two hours per year according to the following schedule:
• 2026: 48 hours per week.
• 2027: 46 hours per week.
• 2028: 44 hours per week.
• 2029: 42 hours per week.
• 2030: 40 hours per week.
The reform also establishes a new overtime framework. Overtime may not exceed 12 hours per week and may be distributed in increments of up to four hours per day on no more than four days within the same week.
The first 12 overtime hours will be paid at an additional 100% over the corresponding regular hourly rate. Overtime exceeding that limit will be paid at an additional 200%.
The constitutional text also expressly prohibits overtime work by minors.
The Mexican Congress will have 90 days to make the corresponding amendments and adjustments to the Federal Labor Law.
For employers, the transition to a 40-hour workweek makes it advisable to review existing working-time and shift structures, individual and collective bargaining agreements, internal policies, workplace regulations and operating processes, as well as to assess the impact of the new limits on workforce organization and payroll costs.
Gradual planning will help identify the labor and operational adjustments required to accompany the progressive reduction in working hours and ensure timely compliance with the applicable provisions.
The publication in the Federal Official Gazette is available at:
https://www.dof.gob.mx/nota_detalle.php?codigo=5781417&fecha=03/03/2026#gsc.tab=0
