Law and fines · 3 min read
Article 58 of the LFT: spreading the workday by agreement
Short answer
Article 58 defines the workday as the time during which the person is at the employer's disposal. Since 2026 it adds that it may be distributed by mutual agreement between employers and workers.
What it allows
Agreeing on longer days and shorter ones, or five-day weeks.
What limits it has
- The maximum for each day: 8 hours for a day shift, 7 for a night shift, 7.5 for a mixed shift.
- The weekly maximum for the year.
- The rest day.
How to document it
In writing, in the contract or in an agreement.
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
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.
Sunday premium: what it is and how it is calculated. The Sunday premium is an additional payment of at least 25% on the salary of an ordinary day for anyone who works on Sunday.
What the STPS is and what it does. The STPS is the Ministry of Labor and Social Welfare.
Frequently asked questions
Can the company impose the distribution?
The law speaks of mutual agreement.
What happens when the STPS publishes its rules?
They will specify who the record applies to and its exceptions. It is worth checking them as soon as they appear in the Official Gazette of the Federation.
Is the reform already in force?
Yes. The reform to the Federal Labor Law took effect on May 1, 2026. The reduction in working hours starts on January 1, 2027.
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.
Legal basis and sources
- Fines: articles 992, 994 and 1002 of the LFT.
- Working hours: articles 58 to 64 of the LFT and second transitory provision of the decree.
- 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.