Law and fines · 3 min read
The seven transitory provisions of the 40-hour reform
Short answer
The transitory articles say when and how each change begins to apply. The reform decree has seven.
One by one
- First: the decree takes effect on May 1, 2026.
- Second: schedule for the workday, from 48 to 40 hours.
- Third: from May 1 to December 31, 2026, a period to adjust processes.
- Fourth: schedule for the overtime cap, from 9 to 12.
- Fifth: the STPS provisions on the record take effect on January 1, 2027.
- Sixth: the STPS must collect and evaluate data on the implementation.
- Seventh: the reduction does not allow lowering wages or benefits.
| 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.
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.
Common mistakes
- Assuming the obligation does not apply because you are a small business.
- Believing a device or fingerprint is required.
- Confusing the date the law took effect with the date of the STPS rules.
- Reading the 2030 caps as if they already applied.
- Trusting a provider that claims to be certified by the authority.
What to do now
- Read what article 132, section XXXIV, requires.
- Review how you record your staff's clock-in and clock-out today.
- Choose an electronic recording method.
- Agree on it in writing with each person.
- Check the STPS general rules when they are published.
Related terms
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.
What is NOM-037 on telework. NOM-037 sets the safety and health conditions for telework.
Frequently asked questions
Where can they be read?
At the end of the decree, in the Official Gazette of the Federation of May 1, 2026.
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.
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.
Legal basis and sources
- Fines: articles 992, 994 and 1002 of the LFT.
- 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.