For business owners · 3 min read
Family business: do you also have to record working time?
Short answer
The obligation concerns people with an employment relationship. Employees record; family members who are owners or partners do not. A family member with a salary and a schedule is an employee.
The gray area
The son or brother-in-law who receives a payment and follows instructions. If there is subordination and a salary, there is an employment relationship.
The prudent approach
Record everyone who is paid a salary.
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
- Leaving it for December.
- Choosing only by price, without checking whether the team will use it.
- Thinking the notebook is still enough.
- Not agreeing on the record in writing.
- Paying differently from what the record shows.
What to do now
- Ask your accountant and your lawyer what applies to you.
- Calculate how many hours you need to reorganize.
- Decide how you will record working time.
- Start before January.
- Review the record every day during the first month.
Related terms
What is NOM-037 on telework. NOM-037 sets the safety and health conditions for telework.
What is the integrated daily salary (SDI). The integrated daily salary adds to the daily-rate salary the benefits the person receives, such as aguinaldo and vacation premium.
What is the Federal Labor Law (LFT). The Federal Labor Law governs the relationships between companies and workers in Mexico: working hours, salary, rest, benefits and termination.
Frequently asked questions
What if I have never been sued?
The record is also for the authority, not just for lawsuits.
Where do I find the official text?
In the Official Gazette of the Federation of May 1, 2026 and in the current version of the Federal Labor Law published by the Chamber of Deputies.
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.
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.
- 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.