Hours and workday · 3 min read
Working-time record for remote work and home office
Short answer
Whoever works from home also has a workday, and the law does not exclude them from the record. The practical way is for them to record the start and end of their day from their phone.
What changes
There is no door or clock. The record depends on the person.
Good practices
- Clear shifts, even if they are flexible.
- Record long breaks.
- Respect the right to disconnect after finishing.
Relationship with telework
The Federal Labor Law regulates telework when more than 40% of the time is worked outside the workplace, and NOM-037 sets safety and health conditions.
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
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.
Aguinaldo: how much it is and how it is calculated. The aguinaldo (year-end bonus) is an annual payment of at least 15 days of salary, which must be paid before December 20.
Frequently asked questions
Do I have to track location?
No. The law asks for start and end times.
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
- 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.
- 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.