Mexico’s Workweek Reform: Legal Implications and Transitional Regime

Mexican member firm, Von Wobeser y Sierra, reports on Mexico's new workweek reform and the legal implications this presents for businesses.

On December 3, 2025, Mexican President Claudia Sheinbaum Pardo announced an initiative to reform both the Constitution of the United Mexican States and various articles of the Federal Labor Law with the objective of reducing the workweek from 48 to 40 hours. 

This reform seeks to align Mexico with international standards of the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), taking as reference the experiences of countries such as France, Spain, Chile and Germany. 

The reform’s main objectives are to improve working conditions for workers by achieving a better balance between work and personal life, improving the physical and mental health of the working population and strengthening family and social ties. 

It also seeks to have a positive impact on women’s labor participation and to increase productivity, considering that international studies demonstrate there is no direct relationship between the number of hours worked and productivity levels and that countries with shorter workdays show higher productivity per hour worked. 

Such reform represents a major change in the Mexican labor law landscape but also a challenge for companies operating in Mexico.

Context and background

The maximum workday of eight hours per day and 48 hours per week was established in Mexico with the promulgation of the 1917 Constitution, without any substantial update for more than one hundred years. 

Constitutional Article 123 has been amended 33 times through 2025, incorporating various labor protections while maintaining the duration of the workday unchanged. 

Current evidence indicates that Mexico is one of the countries where people work the most and rest the least. According to OECD data, Mexican workers work an average of 2,124 hours per year, 23% more than the average of the organization’s member countries at 1,687 hours. 

Additionally, Mexico has the highest percentage of workers who work 50 hours or more per week at 27%, surpassing countries such as Turkey at 25% and Colombia at 24%. 

Excessive working hours have negative consequences for workers’ health. According to a joint WHO and ILO report, working 55 hours or more per week increases the risk of stroke by 35% and the risk of dying from ischaemic heart disease by 17%. 

Likewise, Mexico has the highest percentage of work-related stress cases worldwide, with an estimated 75% of Mexican workers experiencing some degree of work-related stress.

International legal framework

Both the constitutional and Federal Labor Law initiatives propose reforming the maximum workday and overtime limits. In general terms, the objective is to gradually move from a 48-hour maximum workweek to a 40-hour maximum workweek while increasing overtime limits from nine hours per week to 12 hours per week and from three hours per day to four hours per day. 

A provision is also introduced establishing that any extension of overtime beyond twelve weekly hours requires the employer to pay two hundred percent more than the salary corresponding to regular working hours. 

Finally, the minimum age for working overtime is raised from 16 to 18 years, making overtime prohibited for individuals under eighteen years of age. 

Additional changes would also be introduced alongside the workday reform. For example, the Federal Labor Law would be amended to redefine the workday as “the period of time during which the worker performs subordinate activities in favour of the employer,” as opposed to the current definition, which considers the time during which the employee is at the employer’s disposal. 

Likewise, the obligation to electronically record each worker’s workday, including start and end times and to provide such records to the authorities when required, is introduced. 

This reform represents a drastic change that will significantly impact the day-to-day operations of companies operating in Mexico, regardless of industry. In this respect, companies should take advantage of the transitional regime to ensure compliance with the new workday rules by the time the reform enters into force.

Transitional regime and gradual implementation

The reform provides gradual implementation to allow companies and workers to adapt. The proposed schedule is as follows:

A fundamental aspect of the transitional regime is that “in no case shall the reduction of the workday imply the reduction of wages, salaries or benefits for workers.”

International comparison

Spain

Spain implemented the 40-hour workweek in 1983 following a process that began in 1919 with the establishment of the first maximum legal workweek of 48 hours. 

Currently, although the legal maximum remains 40 hours, numerous collective agreements have negotiated shorter workweeks, with averages of 37.5 hours in regions such as the Basque Country, Navarra and Catalonia. 

In 2023, the average agreed workweek at the national level was 38.3 hours. Notable is the pilot project carried out in the city of Valencia between April and May 2023, which tested a four-day workweek of 32 hours and reported positive results in health, well-being, work-life balance, productivity and environmental impact. 

France

France reduced its workweek to 35 hours between 1998 and 2000 through the Aubry Laws I and II, becoming a pioneer in Europe. Prior to this reform, the workweek had been set at 40 hours since 1936. 

Implementation took place in two stages: the first in 1998 for companies with more than 20 employees and the second in 2000 for companies with 20 or fewer employees. The Working Time Reduction (RTT) mechanism was introduced, allowing additional hours to be compensated with rest days instead of overtime pay. 

The reform resulted in the creation of approximately 350,000 jobs between 1998 and 2003, particularly benefiting young people and women, as well as improvements in quality of life, work-life balance and productivity. 

Chile 

Chile enacted Law No. 21,561, known as the “40-Hour Law,” in 2023, establishing the gradual reduction of the workweek from 45 to 40 hours. Implementation provides for 44 hours in April 2024, 42 hours in 2026 and 40 hours in 2028. 

Chilean legislation distinguishes three types of workday: ordinary with a maximum of 40 hours, part-time with a maximum of 30 hours and up to 10 hours per day and special, which may reach up to 12 continuous hours in specific sectors. 

Flexible arrangements were introduced, including the option to work four days and rest three, as well as time bands for parents of children under 12 years of age that allow them to advance or delay their workday by up to two hours. More than 5,400 companies have voluntarily adopted the reduced workweek and received the “40 Hours Seal” distinction. 

Colombia 

Colombia enacted Law 2101 of 2021 establishing a progressive reduction of the workweek from 48 to 42 hours by 2026. Implementation has been gradual, with 47 hours in 2023, 46 hours in 2024, 44 hours in 2025 and 42 hours in 2026. 

This reduction does not affect workers’ remuneration, implying an increase in the value of the regular working hour. The reform represents an important advance for women by facilitating better reconciliation between work and family responsibilities. 

It is important to note that this law applies only to the private sector, excluding public officials and workers with special schedules. 

Key similarities and differences 

Similarities 

All analysed countries have opted for gradual implementation to allow companies and workers to adapt. Wage protection is a common element, ensuring that reduced working hours do not result in lower remuneration. There is also a shared focus on work-life balance as a central objective of these reforms. 

Differences 

Mexico aims to achieve a 40-hour workweek, while France already operates under a 35-hour standard and Colombia stops at 42 hours. Mexico’s transition period of four years is similar to Chile’s but shorter than Colombia’s five-year process and France’s multi-stage implementation. 

Mexico retains its three types of workday (day, night and mixed), whereas Chile introduces a different classification system (ordinary, part-time and special). The electronic timekeeping requirement proposed in Mexico is an innovative measure inspired by international monitoring and compliance practices. 

Conclusions 

The proposed reform represents a historic advancement for labor rights in Mexico, modernising a regulatory framework that had remained largely unchanged since 1917. Gradual implementation and wage protection are intended to balance workers’ needs with companies’ capacity to adapt. 

International experience demonstrates that reducing working hours, when implemented in a planned manner and supported by social dialogue, can benefit both workers and employers through improved health, productivity and quality of life. 

The Mexican reform aligns with international trends and ILO-recommended standards, positioning the country on a path toward more humane, balanced and sustainable labor conditions.