Reform on the Reduction of the Workweek to 40 Hours: Current Status
On February 25, 2026, the Chamber of Deputies approved the constitutional reform reducing the maximum weekly working hours in Mexico from 48 to 40 hours. With this vote, the initiative cleared the final stage within the Federal Congress and moved into the last phase of the constitutional process. The approval took place in the context of broad political and social debate, particularly regarding the pace of implementation and the operational impact on businesses, ultimately opting for a gradual transition model. According to the most recent legislative reports, the reform has been approved by at least 17 local congresses, as required by the Constitution for a constitutional amendment to be declared valid.
Content
The approved text maintains as its core principle the progressive reduction of the maximum working hours, without reducing wages or employee benefits. The reform did not incorporate a mandatory second weekly day of rest; therefore, the current constitutional rule granting at least one day of rest for every six days worked remains in force. Additionally, during the legislative debate, adjustments to the overtime scheme were considered, seeking to balance the reduction of working hours with the operational flexibility required for certain productive sectors.
The gradual reduction will be as follows:
In addition to the phased reduction, the reform provides the following:
- The overtime limit is extended from 9 hours to 12 hours per week. Its distribution is limited to 4 overtime hours per day, up to 4 days per week. These hours must be paid at double the regular wage.
- In addition to the 12 double-paid overtime hours, a limit of 4 additional triple-paid overtime hours is established, which must be paid at triple the regular wage. In other words, there is a total weekly overtime cap of 16 hours.
- Overtime work for minors is prohibited.
Current Legal Status
Although the progress is significant, it is important to clarify that the reform is not yet in force. The constitutional process still requires:
- formal verification of the approving votes by the federal legislative bodies;
- issuance of the declaration of constitutional validity;
- submission to the Federal Executive; and
- final publication of the decree in the Official Gazette of the Federation (DOF), which is expected to occur on May 1, 2026, in the context of Labor Day commemorations.
Until these steps are completed, there are no immediate mandatory changes for employers.
Current Implications for the Business Sector
The current stage of the process indicates that the reform is practically in its final phase, making it advisable for organizations to begin proactively evaluating their operating models, shift structures, and workload distribution. The gradual implementation provides a reasonable planning window, but it confirms that the Mexican labor framework is moving toward shorter working hours, which will impact human resources strategies, labor costs, and productivity.
Conclusion
The reform toward a 40-hour workweek is in its final constitutional phase and represents one of the most significant labor law changes in recent years. Its gradual implementation through 2030 provides regulatory certainty, while at the same time requiring companies to begin evaluating adaptation strategies to maintain operational efficiency and labor compliance.
At Zubieta & Landa, Elizondo, we remain attentive to the official publication of the provisions and further legislative developments regarding the workweek reform. We remain at your disposal to assist in reviewing employment agreements and internal policies, designing labor compliance strategies, and supporting collective bargaining processes that may become necessary in light of these changes.
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.
