Remote, field and sales · 3 min read
Commission-based salespeople: they also have a workday
Short answer
Being paid by commission is a form of payment, not a way to fall outside the law. If there is an employment relationship, the salesperson has a maximum workday, a right to overtime, and must be in the record.
When there is an employment relationship
When the person follows instructions, has an assigned schedule or territory, and receives payment. The name of the contract does not define it.
How their daily wage is calculated
With the average of what they earned over a period, as the law provides for variable pay. That daily wage gives you the value of the hour.
What tends to fail
- Assuming that "they work by goals" and not by time.
- Having no control over their hours.
- Finding out about the problem when you are sued.
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
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 about independent agents?
If they are truly independent, with no subordination, there is no working time to record. The line is thin; review it with your lawyer.
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
- Working hours: articles 58 to 64 of the LFT and second transitory provision of the decree.
- 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.