Remote, field and sales · 3 min read
Staff who work at the client's premises: who records
Short answer
The obligation to record falls on whoever employs the person, not on the client where they work. Even if they use the client's access control, your company needs its own record.
Why the client's record is not enough
- It is not yours: you cannot hand it over to the authority.
- It measures building access, not working time.
- It disappears when the contract ends.
How to solve it
Each person records from their phone when arriving at and leaving the client's site, with the location confirmed.
An additional advantage
A per-person hours report also supports what you invoice.
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
Sunday premium: what it is and how it is calculated. The Sunday premium is an additional payment of at least 25% on the salary of an ordinary day for anyone who works on Sunday.
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.
Frequently asked questions
What if the client demands that we use their system?
It can use it in addition to yours. Yours is the one that serves you before the authority.
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.
Who monitors compliance?
The Ministry of Labor and Social Welfare, through inspections.
Legal basis and sources
- 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.