Remote, field and sales · 3 min read
Sales appointments that end after clock-out time
Short answer
If an appointment with a client ends after clock-out time, that time is working time and may be overtime. The salesperson must record their clock-out when the appointment ends, wherever they are.
The most common case
Shift from 9:00 a.m. to 6:00 p.m. Appointment at 5:00 p.m. that ends at 7:30 p.m. The workday did not end at 6:00 p.m. "on paper": it ended at 7:30 p.m.
How it is paid
The additional hour and a half counts toward the weekly overtime cap and is paid at double time, or at triple time if the cap has already been exceeded.
How to prevent it from piling up
- Schedule late appointments with an early clock-out another day of the same week, by agreement.
- Review every week who accumulates late clock-outs.
- Do not schedule appointments that leave the day at more than 12 hours.
What is not advisable
Recording the clock-out at 6:00 p.m. "so it adds up". If a claim comes later, the calendar and the messages with the client will show the real time.
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 that someone who is not in the office has no workday.
- Requiring people to come by the office just to record.
- Recording the shift time and not the real time.
- Confusing being reachable with working.
- Over-monitoring instead of recording properly.
What to do now
- List who works outside the office and under which arrangement.
- Define for each arrangement where the workday begins and where it ends.
- Put it in writing and explain it to the team.
- Have each person record from their phone, wherever they are.
- Review late clock-outs and long days every week.
Related terms
What the STPS is and what it does. The STPS is the Ministry of Labor and Social Welfare.
What is a labor severance payment (liquidación). The liquidación is what is paid when the company ends the employment relationship without just cause.
Vacations by law: how many days are owed. With one year of work, 12 days of vacation are owed.
Frequently asked questions
Does the sales commission compensate for that time?
No. Commission is part of salary; overtime is paid separately.
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
- 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.
- Telework: articles 330-A to 330-K of the LFT and NOM-037-STPS-2023.
- 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.