Labor Inspections 2026 | Right to Digital Disconnection | 40-Hour Workweek Reform

Labor Inspections 2026: From Random Audits to Data-Driven Oversight

The labor inspection model in Mexico is undergoing a significant transformation. Since 2025, the Ministry of Labor and Social Welfare (STPS) has been operating the Labor Inspection Data Intelligence System (SIDIL), developed in collaboration with the American Institutes for Research. SIDIL introduces machine learning algorithms to assess the risk of regulatory non-compliance at each registered workplace in the country.

SIDIL builds what is called a Risk Prediction Matrix (MPR): an individual compliance profile assigned to every company registered in the National Business Directory (the STPS database of workplace information), even those that have never been inspected. To do so, it cross-references data from the STPS, the Mexican Social Security Institute (IMSS), the National Workers' Housing Fund (INFONAVIT), the National Statistics Institute (INEGI), and the Economic Censuses. Indicators that raise a company's risk score include abnormally high employee turnover, discrepancies between wages reported to the IMSS and INEGI industry benchmarks, absence of training records in the SIRCE system (Corporate Training Registration System), and active complaints logged in the SIQAL (Labor Complaints and Accidents System).

That last point deserves particular attention. The SIQAL — the STPS's labor complaint and assistance platform — has become one of the primary triggers for extraordinary inspections. A complaint filed by a current or former employee activates the system and can immediately raise the company's risk profile. In this context, internal compliance is no longer a purely legal concern; it has become a risk management variable.

For 2026, inspections remain focused on the areas that historically account for the highest number of violations:

• General employment conditions: Contracts, working-hours records, wage payments, and statutory benefits.
• Health, safety, and training: Coherence between SIRCE records and actual workplace operations.
• Silla Law (right-to-a-seat): Mandatory since December 2025; requires updating the Internal Work Regulations.
• Outsourcing and REPSE: Verification that operational arrangements match the current registration.
• Gender perspective: Inspectors apply specific indicators and may conduct direct employee interviews.

In this environment, the Voluntary Labor Verification Program (VELAVO) remains the most effective way to reduce the likelihood of being selected for an extraordinary inspection. Companies enrolled in this program demonstrate a level of compliance that SIDIL itself factors into its risk profile calculation.

Right to Digital Disconnection: A New Employer Obligation under the Federal Labor Law

On March 3, 2026, the Chamber of Deputies approved a bill amending and supplementing various provisions of the Federal Labor Law (FLL) on digital disconnection. The bill was sent to the Senate for the continuation of the legislative process, where it is pending a vote. Although the reform has not yet taken effect, the broad political consensus with which it advanced in the lower chamber strongly anticipates its near-term approval. Companies should therefore familiarize themselves with its content now and begin preparing for implementation.

As approved, digital disconnection is defined as the right of employees to refrain from any form of communication with the workplace after their working hours end, during non-working hours, vacations, leaves, and absences. The only permissible exception is a case of force majeure or a serious, imminent, and urgent business disruption requiring an immediate response.

Regarding employer obligations, Section XXXIV of Article 132 of the FLL establishes that employers must.

• Effectively respect the right, refraining from requiring employee attention or responses outside contracted working hours.
• Develop and communicate an internal digital disconnection policy to all employees.
• Negotiate the modalities for exercising this right with employees or their union representatives

This regulation is a direct response to the expansion of remote work and the constant connectivity that mobile devices have introduced into everyday work life. The World Health Organization (WHO) has recognized burnout syndrome as an occupational phenomenon linked to chronic work-related stress; digital disconnection is, in that sense, also a psychosocial health measure in the workplace. Mexico joins a regulatory trend that France initiated in 2016 and that today includes Spain, Belgium, Colombia, Argentina, and other countries.

40-Hour Workweek Reform and Mandatory Electronic Time-Keeping

The constitutional reform reducing the maximum weekly working hours from 48 to 40 has been fully concluded. Following approval by both the Senate and the Chamber of Deputies, as well as by a majority of state legislatures, the decree was published in the Official Gazette of the Federation on March 3, 2026. As a result of this now-effective constitutional reform, the Senate is in the process of approving amendments to the Federal Labor Law (FLL) that align secondary legislation with the new constitutional text — including a gradual reduction of working hours and the mandatory electronic time-keeping requirement (the "electronic time clock"). The bill was approved in committee and a full Senate vote began on April 8, 2026.

Among the approved changes:

• Maximum 40-hour workweek, with no reduction in wages or statutory benefits. One rest day is maintained for every six days worked.
• The overtime cap is raised from 9 to 12 hours per week (maximum 4 hours per day, up to 4 days). The first 12 overtime hours are paid at double rate; any excess is paid at triple. Overtime is prohibited for employees under 18 years of age.

The FLL articles directly affected include Article 61 (length of the workday), Articles 66 and 67 (overtime work and its compensation), and Article 175 (employment of minors).
The reform takes effect gradually, starting January 1 of each year:

2027: 46 hours  |  2028: 44 hours  |  2029: 42 hours  |  2030: 40 hours

The Fourth Transitional Article of the decree is unequivocal: the reduction of working hours may not, under any circumstances, result in a decrease in salaries, wages, or statutory benefits.

Electronic Time-Keeping as an Oversight Tool

Alongside the constitutional reform, the Senate is in the process of approving amendments to the FLL making electronic time-keeping (the so-called "electronic time clock") mandatory for all workplaces. This measure complements the hours reduction: without a reliable tracking mechanism, practical enforcement of the new limits would be nearly impossible to verify.

The key aspects of this obligation are:

• Transition period: Companies must acquire and implement the necessary systems during 2026.
• Full enforcement: Full compliance is required as of January 1, 2027.
• Penalties: Non-compliance may result in fines ranging from 250 to 5,000 times the UMA (approximately MXN $29,000 to $586,000).
• Pending technical guidelines: The STPS has yet to issue sector-specific technical guidelines.

The electronic records will also serve as documentary evidence in labor inspection proceedings and as proof in disputes related to working hours and overtime.

Key Recommendations

The three areas covered in this bulletin point to a single conclusion: the Mexican labor environment now demands proactive, documented, and consistent compliance. Authorities have more tools than ever to identify inconsistencies; legislation is moving toward stricter requirements on working time; and employee rights are receiving more active and technically sophisticated protection than in previous years. In light of this, we recommend the following actions:

1. Review the company's SIDIL risk profile. Identify any discrepancies between data reported to the IMSS and actual operations, and address any active complaints in SIQAL before they escalate.
2. Update the Internal Work Regulations. Incorporate rest periods under the Silla Law, the digital disconnection policy, and the updated working-hours parameters in line with the ongoing reform.
3. Issue a digital disconnection policy. Not as a formality, but as a clear operational directive covering communication schedules, valid channels outside working hours, and justified exceptions.
4. Plan for the implementation of electronic time-keeping. The formal deadline begins in 2027, but selecting, procuring, and adapting systems takes time. Acting during 2026 is strongly advisable.
5. Assess the impact of the gradual workweek reduction. Starting in 2027, working hours decrease by two each year. Anticipating the impact on shifts, productivity, and labor costs allows for a smooth and orderly transition.

Our team at Zubieta & Landa, Elizondo is available to support your organization with internal compliance audits, regulatory document updates, and the design of adaptation strategies for the new labor framework.

Sincerely,

Gabriel Zubieta y Landa Ortiz
gabriel@zubietaylanda.com

Iván Elizondo Gámez
elizondo@zubietaylanda.com

Roberto C. González Ávila
rcgonzalez@zubietaylanda.com

Marco Marchand Aceves
marcom@zubietaylanda.com

Gabriel Zubieta y Landa Corona
gcorona@zubietaylanda.com


The information contained in this note does not constitute, nor is it intended to constitute, legal advice on the matters discussed herein. It is provided solely for general informational purposes. For legal advice regarding a specific matter, please contact any of our attorneys.