Hours and workday · 3 min read
Is overtime mandatory or voluntary?
Short answer
The law says no one is required to work longer than allowed. Within the limits, overtime responds to extraordinary circumstances; beyond them, the person can refuse.
What it means for the company
You cannot punish someone for refusing to exceed the caps.
What to do
- Plan shifts so you do not depend on overtime.
- Ask for it in advance.
- Always record it and pay for it.
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
- Adding up overtime by pay period (quincena) instead of by week.
- Forgetting the maximum of 4 overtime hours a day and 4 days a week.
- Not counting as working time the time a person is at the company's disposal.
- Dividing by 8 hours when the shift is night or mixed.
- Paying at double time hours that already correspond to triple time.
What to do now
- Measure actual hours for the last four weeks.
- Identify who exceeds the maximum workweek for the year.
- Redesign the shifts.
- Define who authorizes overtime.
- Check each person's cap every week.
Related terms
INFONAVIT contributions: what they are. The INFONAVIT contribution is 5% of each person's contribution base salary, paid by the company.
What the UMA is and how much it is worth. The UMA is the Unit of Measure and Update (Unidad de Medida y Actualización): the peso reference for calculating fines, contributions and procedures.
Night shift: schedule and maximum length. The night shift is the one worked between 8:00 p.m. and 6:00 a.m.
Frequently asked questions
Can I fire someone who does not want to stay?
Punishing a refusal to exceed the legal limits exposes you to a wrongful dismissal claim. Talk to your lawyer.
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 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.
Legal basis and sources
- Overtime: articles 66 and 68 of the LFT and fourth transitory provision of the decree.
- 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.