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
