Global Compliance Desk – Mexico

Mexico: Upcoming Amendment to Working Hour Regime

Mexico has recently proposed significant changes in the Mexican constitutional law by reducing the standard working hours per week and workweek days which shall significantly impact the working hour provisions of the Federal Labor Law. The amendment is aimed at improving the well-being of employees, promoting work-life balance, and increasing productivity.    

The proposed Bill is approved by the Senate and it is in the final stage of approval within the plenary session of the Chamber of Deputies. Once it is approved, it will be sent to the Senate for its respective review and vote. The bill is scheduled for its next session in September 2023. 

Reduction of the Ordinary Working Hours Limit     

The bill seeks to amend section A of article 123 of the Constitution of Mexico regarding rest days and the duration of the normal working day and working week. 

Currently, Article 123 of the Mexican Constitution states that employers can only require an employee to work a maximum of 48 hours per week or 8 hours per day in a 6-day workweek. Article  69 of the Federal Labor Law states that, for every 6 days of work, the employee has the right to at least one day of rest, with full salary, almost always on Sunday. 

The proposed amendment states the following:

• • The working day will be shortened to 40 hours a week. 
  • Employees will be entitled to at least 2 days off each week for every 5 days of work.
  • The daytime shift will be reduced from 8 to 6 hours a day.
  • The nighttime shift will be reduced from  7 to 5 hours daily.

Conclusion

If the bill becomes law, Mexico will join Chile, Ecuador, and some Caribbean nations as the only countries in Latin America with a 40-hour workweek. Employers will need to analyze employee work schedules and hours, review internal procedures in order to streamline, modernize, and even automate procedures, as well as evaluate the number of employees on staff, the types of shifts they are covering, and any gaps that would result from a reduction in working hours.