Mexico Officially Enacts Constitutional Reform to Reduce the Workweek to 40 Hours

The Government of Mexico published in the Official Gazette of the Federation (DOF) on March 3, 2026, the decree amending the Political Constitution of the United Mexican States to reduce the workweek from 48 to 40 hours.

With this publication, the constitutional reform process is formally completed. However, implementation of the reduced workweek will occur gradually – between 2026 and 2030 – and must be carried out without reducing workers' wages or benefits.

Key Points for Employers

• Mexico will gradually reduce the workweek from 48 to 40 hours between 2027 and 2030.
• Although the reform enters into force on March 3, 2026, the effective reduction of weekly hours will begin on January 1, 2027, following a phased schedule.
• Employers' obligation to provide one full paid rest day for every six days worked remains unchanged.
• The amendment expressly states that the reduction in weekly hours cannot result in a decrease in salaries or benefits.
• Companies will need to adjust their operational models, work shifts and productivity strategies.
• Increased labor inspections and oversight related to controlling working hours are expected.
• Overtime work for employees under 18 is explicitly prohibited.

Gradual Implementation Schedule

This plan aims to enable a gradual adaptation for companies and labor markets, avoiding abrupt impacts on production operations.

Implementation Schedule for Overtime

During the announcement of the amendment, the Federal Executive presented an operational transition plan, in which the use of overtime could be progressively adjusted as working hours are reduced in accordance with the following:

This framework was not included in the constitutional text and is therefore expected to be defined in future amendments to the Federal Labor Law (FLL).

Impact on Companies

The reduction of the workweek is one of the most significant structural changes in the Mexican labor market in recent decades. Key challenges for employers include:

• reconfiguration of work shifts and organizational structures
• maintaining productivity with fewer effective working hours
• increased labor costs, particularly in labor-intensive industries
• potential increases in overtime usage, which can have implications related to social security
• greater scrutiny from labor inspectors and heightened compliance expectations, requiring robust tools to demonstrate proper control of working hours and overtime

Pending Legislative Reforms

Although the constitutional amendment has already been published, it is expected that Congress will soon introduce reforms to the FLL to harmonize secondary legislation with the new constitutional limit.

Areas likely to be regulated include:

• adjustments to statutory maximum work hours
• potential changes to the overtime regime
• rules governing gradual implementation and transition mechanisms for companies
• new inspection protocols to be issued by the Ministry of Labor and Social Welfare (STPS)

In this context, it is advisable to monitor developments regarding secondary legislation, as it could establish additional obligations related to working hours and work organization.

Global Context and International Labor Organization (ILO) Alignment

This reform aligns Mexico with long‑standing international standards promoted by the ILO, including:

• Convention 1 (48‑hour week), Convention 47 and Recommendation 116 (40‑hour target without wage reductions)
• recent legislative trends in Europe and Latin America (Chile, Colombia, Ecuador) reflecting movements toward shorter workweeks

Recommendations for Employers

Given the new regulatory environment, company leaders should consider implementing the following measures:

• conducting internal operational and financial impact assessments
• reviewing workforce allocation, shift structures and work schedules
• updating overtime and time-tracking policies
• revising employment agreements, collective bargaining agreements, internal regulations and workplace policies
• implementing technological tools for attendance control and productivity monitoring
• preparing internal communications and change-management strategies

Holland & Knight's Mexico Labor and Employment Team is available to assist companies with impact assessments, financial simulations, workforce structure redesigns and policy updates, facilitating an efficient transition to the new regulatory framework.

We will continue to monitor the development of secondary legislation and the regulatory criteria issued in the coming months.

For more information about this reform and its impact on your operations, please contact the authors.

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.