Law and fines · 3 min read
Who does the electronic working-time record apply to?
Short answer
The text of the law obliges employers without distinguishing by size or line of business. The STPS will define the scope of application and the exceptions in its general rules.
What the law says
Article 132 lists the obligations of every employer. Section XXXIV adds the electronic record and leaves it to the STPS to specify its scope.
What cannot be assumed
That a small business is left out. Until rules are published, there is no basis for that.
Who is not an employee
Partners, independent providers and volunteers do not have a workday. The obligation concerns people with an employment relationship.
The reform in one minute
The reform has two parts. On March 3, 2026, article 123 of the Constitution was amended to set the 40-hour workweek. On May 1, 2026, the Federal Labor Law was amended, which is where the detail is.
- The maximum working week drops from 48 to 40 hours, two hours per year, between 2027 and 2030.
- Overtime has a weekly cap: it is paid at double time up to the cap and at triple time for up to 4 more hours.
- Each company must electronically record the start and end time of each person's workday.
- Not keeping that record is fined 250 to 5,000 UMA.
- Salary and benefits cannot go down because of the reduction in hours.
What remains pending are the STPS general rules, which will define who the record applies to and what exceptions there will be. They take effect on January 1, 2027.
| Year | Maximum working hours | Double-time overtime | Triple-time overtime |
|---|---|---|---|
| 2026 | 48 h | 9 h | 4 h |
| 2027 | 46 h | 9 h | 4 h |
| 2028 | 44 h | 10 h | 4 h |
| 2029 | 42 h | 11 h | 4 h |
| 2030 | 40 h | 12 h | 4 h |
Decree published in the Official Gazette of the Federation on May 1, 2026, second and fourth transitory provisions, and article 68 of the LFT. Each change applies from January 1.
Common mistakes
- Assuming the obligation does not apply because you are a small business.
- Believing a device or fingerprint is required.
- Confusing the date the law took effect with the date of the STPS rules.
- Reading the 2030 caps as if they already applied.
- Trusting a provider that claims to be certified by the authority.
What to do now
- Read what article 132, section XXXIV, requires.
- Review how you record your staff's clock-in and clock-out today.
- Choose an electronic recording method.
- Agree on it in writing with each person.
- Check the STPS general rules when they are published.
Related terms
Minimum wage in Mexico: how much it is and how it is used. The minimum wage is the least a person can receive for a workday.
Mixed shift: what it is and how long it lasts. A mixed shift combines day and night hours, as long as the night hours are less than three and a half.
What is RESICO. RESICO is the Simplified Trust Regime (Régimen Simplificado de Confianza), a tax regime with reduced income tax rates for individuals and companies with income below certain limits.
Frequently asked questions
Does it apply to the government?
The Federal Labor Law governs section A, which is mostly the private sector.
Who monitors compliance?
The Ministry of Labor and Social Welfare, through inspections.
Where do I find the official text?
In the Official Gazette of the Federation of May 1, 2026 and in the current version of the Federal Labor Law published by the Chamber of Deputies.
Does this replace the advice of a lawyer?
No. It is general information. For decisions about your company, consult a labor lawyer.
Does the law require a particular system?
No. It asks that the record be electronic and include the start and end time for each person.
Legal basis and sources
- Electronic working-time record: article 132, section XXXIV, of the LFT and fifth transitory provision of the decree.
- Fines: articles 992, 994 and 1002 of the LFT.
- Decree amending the Federal Labor Law on the reduction of the working week. Official Gazette of the Federation, May 1, 2026.
- Federal Labor Law, current text. Chamber of Deputies.
How we write this content. The Sicheca team writes it from the official text of the law. When something is not yet defined by the authority, we say so. It is general information and does not replace the advice of a lawyer or an accountant.