From the moment she took office on October 1st, 2024, President Claudia Sheinbaum, stated that a priority for her government would be to promote the amendment to reduce the working hours.
Since then, different parliamentary groups of the Congress of the Union have presented different initiatives, in which they basically coincide to approve a reduction of the maximum working week from 48 (forty-eight) to 40 (forty) hours, while having differences as to the implementation of the reduction of working hours.
How is the Working Day Currently Regulated?
In accordance with applicable law, it is allowed to work for six days a week, with a minimum of one day of rest per week, with the possibility of adjusting the daily workday to allow a two-day rest period or some similar modality.
As a result, the 8 (eight) hour workday may be exceeded, as long as it doesn’t exceed the following:
| Shift | Work Schedule |
Max. Hours Weekly |
|
Daytime |
Between 6:00 am and 8:00 pm. |
48 hours weekly. |
|
Night shift |
Between 8:00 pm and 6:00 am next day. |
42 hours weekly. |
|
Mixed |
Up to 3.5 hours night shift and 4 at daytime. |
45 hours weekly. |
What is the Proposed Amendment?
The amendment of fraction IV of section A and fraction II of section B of Article 123 of the Constitution proposes that for every FIVE days worked the worker shall be entitled to TWO days of rest.
This will represent a reduction of the weekly working hours to the following maximums:
|
Shift |
Max. Hours Per Week |
|
Daytime |
40 hours weekly. |
|
Night shift |
35 hours weekly. |
|
Mixed |
37.5 hours weekly. |
When will it Happen?
This past May 1st, during the commemoration of Labor Day, the federal government stated that as of June 1 of this year, a dialogue will begin with all the sectors involved to define how the reduction of the workday will be implemented, seeking a gradual scheme thatwill allow achieving the goal of reducing the maximum work week to 40 hours by 2030.
Therefore, there is a very strong possibility that this amendment will be approved during the next ordinary sessions of the Congress of Union, which begins on September 1st, 2025, while there is a remaining doubt as to how it be implemented and how much time companies will have to adjust their work schedules to this new reality.
How to be Prepared?
Companies should review the scheduling structure in order to prepare a plan for an adjustment in the employees’ working hours to mitigate the impact that this amendment could have on the company’s productivity.
We will be following the discussions that will be set up to advise you on how this matter is developing so that you can be well prepared for this transition.
