Hours and workday · 3 min read
Does meal time count as working hours?
Short answer
It depends on whether the person can leave. In a continuous workday there is at least a half-hour break. If the person cannot leave the workplace during breaks or meals, that time counts as working hours.
Two cases
- Leaves for an hour to eat: does not count. With 8 hours of work, the person spends 9 hours in total.
- Eats at their post, available: counts as effective time.
Why record the break
So that it is clear which of the two cases it is.
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
- Adding up overtime by pay period (quincena) instead of by week.
- Forgetting the maximum of 4 overtime hours a day and 4 days a week.
- Not counting as working time the time a person is at the company's disposal.
- Dividing by 8 hours when the shift is night or mixed.
- Paying at double time hours that already correspond to triple time.
What to do now
- Measure actual hours for the last four weeks.
- Identify who exceeds the maximum workweek for the year.
- Redesign the shifts.
- Define who authorizes overtime.
- Check each person's cap every week.
Related terms
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.
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.
Frequently asked questions
Where does the law say so?
In articles 63 and 64 of the Federal Labor Law.
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.
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.
Legal basis and sources
- 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.