Mexican Senate Approves Gradual Reduction of the Workweek to 40 Hours

The Mexican Senate, on Feb. 11, 2026, approved the proposed constitutional amendment to Article 123, Section A, which provides for the reduction of the statutory workweek to 40 hours.

The initiative — promoted by the Federal Executive Branch — contemplates gradual implementation to be completed by 2030 through annual reductions that will allow workplaces to prepare and adjust their operating models without affecting wages or employee benefits, in accordance with the following annual implementation schedule:

Unlike earlier initiatives aimed at reducing working hours, the bill approved by the Senate eliminates the provision requiring two mandatory rest days, retaining solely the constitutional obligation to guarantee employees at least one rest day per week.

The bill incorporates general provisions that must be further developed in secondary legislation, including the following:

• a cap of 12 overtime hours per week, which may be distributed in a maximum of four hours per day, up to four days per week
• prohibition on overtime work for individuals under 18 years of age

The update to the statutory overtime limits may have an impact on employees' contribution base salary, pursuant to Article 27 of the Social Security Law. Overtime exceeding the legal threshold must be included for social security contribution purposes.

Amendment Next Steps

Accordingly, the required steps for the constitutional amendment to be enacted include the following:

• discussion and approval by the Chamber of Deputies to continue the legislative process
• approval by a majority of the local state legislatures
• publication in the Official Gazette of the Federation

Considerations for Employers

Given these developments, companies that have operations in Mexico are advised to:

• prepare operational and financial impact projections
• evaluate shift structures, work schedules, and workload distribution
• redesign internal processes to preserve productivity and competitiveness
• update labor and employment policies to align them with the new regulatory framework

Holland & Knight is available to assist companies with impact assessments, financial simulations, labor structure redesigns and policy updates, facilitating an efficient transition to the new legal framework. Please contact the authors for more information.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.