Remote, field and sales · 3 min read
Remote work: schedule, availability and the right to disconnect
Short answer
Working from home does not mean being available all day. The Federal Labor Law requires respecting the right to disconnect of people in telework when their workday ends.
Schedule at home
The schedule is agreed just as in an office: a start time, an end time and time for a meal. It can be flexible, but it must exist.
What the right to disconnect is
When their workday ends, the person is not required to answer work calls, emails or messages. It is in the telework chapter of the law.
When a message becomes working time
A notice that can wait until tomorrow is not work. An instruction that requires an immediate response or action is, and that time counts.
How the record helps
It clearly marks when the day ended. What happens afterward is overtime or should not have been requested.
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 is PROFEDET. PROFEDET is the Federal Labor Defense Attorney's Office (Procuraduría Federal de la Defensa del Trabajo).
What are the internal work regulations. The internal work regulations are the document with the mandatory rules inside the company: schedules, breaks, pay days and disciplinary measures.
What is the seventh day (séptimo día). The seventh day is the paid rest day, at full salary, that every person is entitled to for every six days worked.
Frequently asked questions
Does it apply to remote work one day a week?
The telework rules apply when the person works more than 40% of their time outside the workplace. The maximum workday always applies.
Can I ask them to keep their camera on?
The telework law limits the use of cameras and microphones to necessary cases. Review it with your lawyer.
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
- Workday as time at the company's disposal: article 58 of the LFT.
- Telework and the right to disconnect: articles 330-A to 330-K 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.