Remote, field and sales · 3 min read
Flexible schedule and working-time record: they are compatible
Short answer
A flexible schedule changes when each person starts and ends, not the obligation to record. The record keeps the actual start and end time, whatever it is.
What a flexible schedule needs
- A total of hours per day or per week.
- A time window when everyone overlaps.
- The limits of the law: daily and weekly maximum.
How it is reviewed
Late arrivals are not reviewed, because there are none. The hours of the day and of the week are reviewed.
With the reduction in working hours
Article 58 allows distributing the workday by agreement. A well-agreed flexible schedule is exactly that.
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 REPSE. REPSE is the STPS registry required of every company that provides specialized services or work to another company with its own staff.
Minimum wage in Mexico: how much it is and how it is used. The minimum wage is the least a person can receive for a workday.
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.
Frequently asked questions
Can I offset a long day with a short one?
Yes, by agreement and within the daily maximum. Whatever goes over that maximum is overtime.
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
- Electronic working-time record: article 132, section XXXIV, of the LFT and fifth transitory provision of the decree.
- 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.