February 23, 2026
On February 11, the Plenary of the Senate discussed and approved the bill containing a decree for discussion that amends and supplements various provisions of Article 123, Section A, of the Mexican Constitution, regarding the reduction of the work shift.
As anticipated in our previous newsletters, the bill proposes a gradual reduction of the weekly work schedule from 48 to 40 hours. With respect to the number of working days per week, several prior initiatives contemplated the increase of weekly rest days to two to establish a five-day workweek. However, the initiative approved by the Senate maintains the six-days-on, one-day-off scheme. This reflects that the Executive and Legislative branches took into consideration the opinion of the business sector and those on the six public forums, with a true reflection into the final proposal.
The initiative expressly establishes that, under no circumstances, shall the reduction of the work shift will result in a decrease in employees’ salaries or benefits.
The implementation of the reduction will follow the schedule below:
| Year | Workweek |
| 2026 | Remains at 48 hours (transition year) |
| 2027 | 46 hours |
| 2028 | 44 hours |
| 2029 | 42 hours |
| 2030 | 40 hours |
The bill approved by the Senate also proposes adjustments to overtime work and payment, as follows:
- Employees may not work more than four overtime hours per day, nor more than four days per week.
- The first 12 overtime hours per week must be paid at a 100% premium over the applicable hourly wage, in other words, double pay.
- Overtime hours exceeding those 12 hours per week must be paid at a 200% premium, this means, triple pay, and may never exceed four additional hours per week.
In addition, the reform provides that employees under eighteen years of age may not work overtime.
Beyond the operational impact that the reduction of the work shift will have on workplaces, it is important to note that the initial proposal presented by Marath Baruch Bolaños López, head of the Labor Ministry, during the December 3, 2025 morning press conference (“Mañanera”), contemplated including an employer obligation to implement an electronic timekeeping system as part of the reform. This provision was not included in the version approved by the Senate and, if incorporated, would likely be addressed in secondary legislation (Federal Labor Law).
It is worth noting that a separate initiative to amend the Federal Labor Law was introduced on December 3, 2025, and remains pending discussion and approval in the Senate. This initiative includes the obligation to implement an electronic timekeeping system, as well as a transition period regarding the overtime payment rules.
Pursuant to the proposed Constitutional reform, Congress will have 90 calendar days following publication of the Decree to enact the corresponding amendments to secondary legislation, namely the Federal Labor Law, which could include both the electronic timekeeping requirement and the transitional overtime provisions.
The reform has been passed to the House of Representatives (Cámara de Diputados) for discussion and potential approval. If approved, it will be sent to the Federal Executive Power for publication in the Official Gazette of the Federation and subsequent entry into force. As this is a Constitutional amendment, it must also be approved by a majority of the state legislatures in accordance with the applicable Constitutional procedure before promulgation.
According to prior announcements by the Labor Ministry, the reform is expected to enter into force on May 1, 2026.
Given the importance of the reform and the fact that it has support across all political parties, it is feasible that the legislative approval process will be completed within the projected timelines.
This informative note was prepared with the support of Gabriela Guadarrama García.
The labor and employment lawyers of Basham, Ringe y Correa, S.C., remain for any further comments or questions.
Sincerely,
Jorge G. de Presno Arizpe
David Puente Tostado
Luis Álvarez Cervantes