Remote, field and sales · 3 min read
Occasional remote work or telework: the legal difference
Short answer
It is telework when the person works more than 40% of their time at their home or at the place they choose. Below that percentage, it is in-person work with occasional days at home.
What changes if it is telework
- It must be set out in writing in the contract.
- The company provides and maintains the work equipment.
- The company bears telecommunication costs and the proportional share of electricity.
- The right to disconnect must be respected.
- NOM-037 on safety and health applies.
What does not change
The maximum workday, overtime and the obligation to record the start and end of the day.
Example
A person who works three days at home and two in the office spends 60% of the time outside: it is telework. A person who works one day at home spends 20%: it is not.
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 the payroll CFDI. The payroll CFDI is the payment receipt stamped with the SAT that the company issues for each salary payment.
Vacation premium: how much it is and when it is paid. The vacation premium is an additional payment of at least 25% on the salary for the vacation days.
What is the Official Gazette of the Federation (DOF). The Official Gazette of the Federation is the publication where federal laws, decrees and rules appear.
Frequently asked questions
Can you go back to in-person?
The law provides for reversibility: how to return to in-person work must be agreed.
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.
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.
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.