Law and fines · 3 min read
Is a fingerprint needed for the working-time record?
Short answer
No. The law asks for an electronic record with a start and end time. It does not require fingerprints, facial recognition or any biometric data.
If you decide to use biometrics
Biometric data is sensitive personal data. You need express consent and reinforced security measures under the data protection law.
Alternatives without biometrics
- QR code at the premises.
- Phone location only at the moment of recording.
- Username and password for each person.
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 the obligation does not apply because you are a small business.
- Believing a device or fingerprint is required.
- Confusing the date the law took effect with the date of the STPS rules.
- Reading the 2030 caps as if they already applied.
- Trusting a provider that claims to be certified by the authority.
What to do now
- Read what article 132, section XXXIV, requires.
- Review how you record your staff's clock-in and clock-out today.
- Choose an electronic recording method.
- Agree on it in writing with each person.
- Check the STPS general rules when they are published.
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
How do I prevent someone from clocking in for another person?
With recording from the personal phone, location confirmation or an on-site QR code, and daily review of atypical records.
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.
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.
Legal basis and sources
- Electronic working-time record: article 132, section XXXIV, of the LFT and fifth transitory provision of the decree.
- Fines: articles 992, 994 and 1002 of the LFT.
- 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.