# Mexico's 40-hour workweek (2026–2030): the schedule, overtime and what employers must do

Mexico's maximum ordinary workweek falls from 48 hours in 2026 to 40 hours in 2030, two hours every January 1, under a constitutional amendment of March 3, 2026 and a Federal Labor Law reform of May 1, 2026. Pay and benefits cannot be cut because of it. Overtime stays at double pay with a weekly cap rising from 9 to 12 hours, and from January 2027 employers must record working hours electronically.

By Nick Gomez, COO at Nearshorers. Updated 2026-11-02; figures checked 2026-11-02. Web page: https://nearshorers.com/compliance/mexico-40-hour-workweek

## At a glance

- **Maximum ordinary week, 2026:** 48 hours [1]
- **From January 1, 2027:** 46 hours, then 44 (2028), 42 (2029) and 40 (2030) [1]
- **Salaries:** Cannot be reduced because of the shorter workweek [2][1]
- **Overtime:** Double pay; weekly cap of 9 hours in 2026 and 2027, 12 hours by 2030 [1]
- **Electronic time records:** Mandatory from January 1, 2027; fines of 250 to 5,000 UMA [1]
- **Hours worked today:** 2,205 a year per worker in Mexico in 2025, against 1,736 on average in the OECD [3]

## When does Mexico's 40-hour workweek take effect?

Gradually, from 2027 to 2030. A constitutional amendment published on March 3, 2026 set the workweek at 40 hours,[2] and the Federal Labor Law reform published on May 1, 2026 wrote it into article 59 and set the transition: the maximum ordinary week drops by two hours on January 1 of each year until it reaches 40 hours in 2030.[1] May 1 to December 31, 2026 is an adjustment period for employers and workers.[1]

| From January 1 of | Maximum ordinary week | Weekly overtime cap at double pay | Maximum including that overtime |
|---|---|---|---|
| 2026 | 48 hours | 9 hours | 57 hours |
| 2027 | 46 hours | 9 hours | 55 hours |
| 2028 | 44 hours | 10 hours | 54 hours |
| 2029 | 42 hours | 11 hours | 53 hours |
| 2030 | 40 hours | 12 hours | 52 hours |

The first two columns come from the reform's transitory articles;[1] the last is their sum, before the limited extra overtime described below.

## Can an employer cut salaries to match the shorter week?

No. The constitutional amendment forbids reducing wages or benefits because of the shorter workweek,[2] and the Federal Labor Law reform repeats it in its own transitory articles.[1] For an employee on a monthly salary, the same pay now buys fewer ordinary hours each year, which is the real cost of the reform: from 48 to 40 hours is a 16.7% cut in ordinary hours at the same salary.

## How does overtime change?

It becomes larger, more structured and still paid at double the hourly rate. Before the reform, overtime could never exceed three hours a day or three times a week.[4] After it, overtime may reach 12 hours a week once the transition ends, spread over at most four hours a day on at most four days,[1] with the weekly cap phased in from 9 hours in 2026 and 2027 to 10, 11 and 12 hours.[1]

| Rule | Before the 2026 reform | After it |
|---|---|---|
| Overtime pay | Double the hourly rate | Double the hourly rate[1] |
| Overtime limit | 3 hours a day, at most 3 times a week[4] | Up to 4 hours a day on up to 4 days; 9 to 12 hours a week depending on the year[1] |
| Overtime beyond the limit | — | At most 4 more hours a week, paid at triple rate[1] |
| Absolute daily ceiling | — | Ordinary hours plus overtime never above 12 in a day[1] |

## What stays the same?

Daily limits and rest days. A day shift is still at most 8 hours, a night shift 7 and a mixed shift 7.5,[1] and the law now says the week may be distributed by agreement between employer and worker.[1] Workers still get at least one paid rest day for every six worked, with a premium of at least 25% for Sunday work;[1] work on a rest day is paid at double salary on top of the day's pay, and a continuous workday includes a break of at least 30 minutes.[4]

## What does electronic time recording require?

From January 1, 2027, every employer must record each worker's working hours electronically, including start and end times, under general rules the Labor Ministry will issue for that date.[1] Failing to do so is fined 250 to 5,000 UMA,[1] or about MXN 29,328 to MXN 586,550 at the 2026 value of the UMA, MXN 117.31 a day.[5]

For a remote team that already tracks time in a work tool, the practical question is whether that record will meet the Labor Ministry's rules once they are published; until then, keep a log of start and end times for each employee in Mexico.

## Does the reform affect a remote employee working US hours?

Yes, if the person is an employee in Mexico: the weekly limit, the overtime rules and, from 2027, the time records are part of the Federal Labor Law that governs their employment. US wage-and-hour rules do not fill the gap: the minimum wage and overtime sections of the Fair Labor Standards Act do not apply to an employee whose services during the workweek are performed in a workplace in a foreign country.[6]

In practice, a full-time role on a US schedule fits the cap: five 8-hour days is 40 hours, within the 46-hour limit of 2027 and equal to the 2030 limit. The risk is in roles with regular evening work or long weeks, which will hit the overtime cap sooner each year.

## How do working hours in Mexico compare with the US?

Mexicans work some of the longest hours in the OECD. Average annual hours actually worked per person in employment were 2,205 in Mexico in 2025, against 1,800 in the United States and 1,736 on average across the OECD; counting employees only, the figures were 2,299 in Mexico and 1,814 in the US.[3] Mexico's 60.0 million employed people, 41.0 million of them salaried, are the workforce the reform reaches.[7]

## Key statistics

| Metric | Figure | What it measures | Source |
|---|---|---|---|
| Mexico, all workers | 2,205 hours a year | Average annual hours actually worked per person in employment, 2025 | [3] |
| Mexico, employees | 2,299 hours a year | Average annual hours actually worked per employee, 2025 | [3] |
| United States, all workers | 1,800 hours a year | Average annual hours actually worked per person in employment, 2025 | [3] |
| United States, employees | 1,814 hours a year | Average annual hours actually worked per employee, 2025 | [3] |
| OECD average | 1,736 hours a year | Average annual hours actually worked per person in employment, 2025 | [3] |
| Colombia | 2,219 hours a year | Average annual hours actually worked per person in employment, 2024 | [3] |
| Costa Rica | 2,183 hours a year | Average annual hours actually worked per person in employment, 2025 | [3] |
| Chile | 1,912 hours a year | Average annual hours actually worked per person in employment, 2025 | [3] |
| Employed population | 60.0 million | People in employment, monthly ENOE | [7] |
| Salaried workers | 41.0 million (68.4% of employed) | Subordinated, paid workers | [7] |
| Labor informality rate | 54.3% | Share of employed people in informal employment | [7] |
| UMA, 2026 | MXN 117.31 a day | Unit in which fines such as the time-record fine are set, in force from February 1, 2026 | [5] |

## Frequently asked questions

### When does the 40-hour workweek start in Mexico?

In steps. The maximum ordinary week is 48 hours in 2026 and falls to 46 hours on January 1, 2027, 44 in 2028, 42 in 2029 and 40 on January 1, 2030. The constitutional amendment was published on March 3, 2026 and the Federal Labor Law reform on May 1, 2026, with May to December 2026 as an adjustment period.

### Can Mexican employers reduce pay because of the 40-hour week?

No. The constitutional amendment forbids reducing wages or benefits because of the shorter workweek, and the Federal Labor Law reform repeats the rule in its transitory articles. A worker on a monthly salary keeps the same salary for fewer ordinary hours.

### How much overtime is allowed in Mexico after the reform?

Up to four hours a day on up to four days a week, with a weekly cap of 9 hours in 2026 and 2027, 10 in 2028, 11 in 2029 and 12 from 2030, all paid at double the hourly rate. Up to four more hours a week beyond the cap are paid at triple rate, and ordinary hours plus overtime can never exceed 12 in a day.

### Do Mexican employers have to track working hours electronically?

Yes, from January 1, 2027. The reform requires every employer to record each worker's hours electronically, including start and end times, under general rules from the Labor Ministry that take effect that day. Failing to comply is fined 250 to 5,000 UMA, about MXN 29,000 to MXN 587,000 at 2026 values.

### Does US overtime law apply to an employee in Mexico?

No. The minimum wage and overtime sections of the Fair Labor Standards Act do not apply to an employee whose services during the workweek are performed in a workplace in a foreign country. An employee in Mexico is covered by Mexico's Federal Labor Law, including the new workweek limits and overtime caps.

## Sources

1. [DECRETO por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo, en materia de reducción de la jornada laboral](https://sidof.segob.gob.mx/notas/docFuente/5786537). Diario Oficial de la Federación (SIDOF, Secretaría de Gobernación), 2026-05-01. Checked 2026-11-02.
2. [DECRETO por el que se reforman las fracciones IV y XI del Apartado A del Artículo 123 de la Constitución Política de los Estados Unidos Mexicanos, en materia de reducción de la jornada laboral](https://sidof.segob.gob.mx/notas/docFuente/5781417). Diario Oficial de la Federación (SIDOF, Secretaría de Gobernación), 2026-03-03. Checked 2026-11-02.
3. [Average annual hours actually worked (OECD Data Explorer, dataset DSD_HW@DF_AVG_ANN_HRS_WKD)](https://data-explorer.oecd.org/vis?df[ds]=dsDisseminateFinalDMZ&df[id]=DSD_HW%40DF_AVG_ANN_HRS_WKD&df[ag]=OECD.ELS.SAE). OECD. Checked 2026-11-02.
4. [Ley Federal del Trabajo (texto vigente; última reforma publicada DOF 21-02-2025)](https://www.ordenjuridico.gob.mx/Documentos/Federal/html/wo125151.html). Secretaría de Gobernación - Orden Jurídico Nacional, 2025-02-21. Checked 2026-11-02.
5. [Unidad de Medida y Actualización (valores 2026)](https://sidof.segob.gob.mx/notas/docFuente/5778072). Diario Oficial de la Federación / Instituto Nacional de Estadística y Geografía (INEGI), 2026-01-09. Checked 2026-11-02.
6. [29 U.S. Code § 213, Exemptions (subsection f: employment in foreign countries)](https://www.law.cornell.edu/uscode/text/29/213). Legal Information Institute, Cornell Law School. Checked 2026-11-02.
7. [Encuesta Nacional de Ocupación y Empleo (ENOE). Indicadores de ocupación y empleo, septiembre de 2026 (Boletín de indicador 634/26)](https://www.inegi.org.mx/contenidos/saladeprensa/boletines/2026/iooe/IOE2026_10.pdf). Instituto Nacional de Estadística y Geografía (INEGI), 2026-10-22. Checked 2026-11-02.

General information to plan a hire, not legal or tax advice.