Remote, field and sales · 3 min read
Split shift or broken shift: how it is counted
Short answer
In a split shift, the workday is the sum of the stretches worked. The break in the middle does not count if the person can freely use that time.
Example
From 8:00 a.m. to 12:00 p.m. and from 4:00 p.m. to 8:00 p.m.: 8 hours of work in a day that spans 12.
When the break does count
If the person must stay on site or handle whatever comes up, they are still at the company's disposal.
How to record it
Four records: clock in, clock out for the break, return and final clock out.
Who it applies to
Restaurants, gyms, school transport, clinics and sales with morning and afternoon appointments.
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 PTU, or profit sharing. PTU is the workers' share in the company's profits: 10% of the company's taxable profit, which is distributed among its staff.
Mandatory rest days in Mexico. These are the holidays set by article 74 of the Federal Labor Law.
INFONAVIT contributions: what they are. The INFONAVIT contribution is 5% of each person's contribution base salary, paid by the company.
Frequently asked questions
Is there a maximum number of hours between the start and end of the day?
The law limits hours worked, not the total span. Even so, very long breaks every day wear people down, so it is best to agree on them.
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.
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
- 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.