Cases and situations · 3 min read
Shift changes: when the relief arrives late
Short answer
If the relief arrives late, the person waiting keeps working and that time counts. In 24-hour operations, it is one of the most common sources of unplanned overtime.
Where it weighs most
Security, hospitals, gas stations, hotels and plants.
How it looks in the record
One person's clock-out and the other's clock-in overlap or leave a gap. Both cases say something.
How to reduce it
- Planned overlap of 10 to 15 minutes, within the shift.
- Immediate notice when a relief does not arrive.
- Weekly review of who stays late most often.
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
- Resolving each case verbally, without putting it in writing.
- Adjusting the record to match the official schedule.
- Leaving days without a record and without an explanation.
- Treating alike situations the law distinguishes.
- Learning about the problem only when a claim arrives.
What to do now
- Identify whether this case occurs in your company and how often.
- Define the rule and write it into your policy or internal regulations.
- Explain it to the team and the managers.
- Verify that the record reflects the real time.
- Review the month's cases and adjust the rule if needed.
Related terms
What the UMA is and how much it is worth. The UMA is the Unit of Measure and Update (Unidad de Medida y Actualización): the peso reference for calculating fines, contributions and procedures.
Night shift: schedule and maximum length. The night shift is the one worked between 8:00 p.m. and 6:00 a.m.
What is NOM-037 on telework. NOM-037 sets the safety and health conditions for telework.
Frequently asked questions
Can someone work a double shift if the relief does not arrive?
Only without exceeding 12 hours in the day, and with overtime pay.
Is the maximum workday per day or per week?
There are two limits: a daily one, which did not change, and a weekly one, which drops from 48 to 40 hours between 2027 and 2030.
Is overtime counted by week?
Yes. The cap on double-time overtime is weekly and per person.
Can someone work more than 12 hours in a day?
No. The sum of ordinary and overtime hours cannot exceed 12 hours per day.
Does salary go down if fewer hours are worked?
No. The reform prohibits lowering wages and benefits because of the reduction in working hours.
Legal basis and sources
- Working hours: articles 58 to 64 of the LFT and second transitory provision of the decree.
- Workday as time at the company's disposal: article 58 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.