Cases and situations · 3 min read
Staff shared between companies of the same group
Short answer
The maximum workday protects the person, not each legal entity. If someone works 30 hours for one company and 30 for another in the same group, there is a real risk that they will be added together.
Why it gets complicated
Two employers on paper, a single boss in practice.
What to do
- Define who the employer of each person is.
- Keep a single record of their total time.
- Review the arrangement with your lawyer and your accountant.
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
- Resolving each case verbally, without putting it in writing.
- Adjusting the record to match the official schedule.
- Leaving days without a record and without an explanation.
- Treating alike situations the law distinguishes.
- Learning about the problem only when a claim arrives.
What to do now
- Identify whether this case occurs in your company and how often.
- Define the rule and write it into your policy or internal regulations.
- Explain it to the team and the managers.
- Verify that the record reflects the real time.
- Review the month's cases and adjust the rule if needed.
Related terms
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.
What is a finiquito (final settlement). The finiquito is the payment of what the company owes a person when the employment relationship ends, regardless of the cause.
Frequently asked questions
Can I split the workday between the two companies to avoid paying overtime?
It is exactly the kind of arrangement a court can disregard.
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.
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.
Legal basis and sources
- Workday as time at the company's disposal: article 58 of the LFT.
- 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.