The proposal for reducing weekly working hours in Mexico from 48 to 40 hours is gaining relevance in the area of labor law and productivity. Ricardo Martínez Rojas, a prominent lawyer and founding partner of D&M Abogados, has argued that this reform should be conducted exclusively on the Federal Labor Law (LFT) and not on the Constitution. According to Martínez Rojas, laws are susceptible to changes in order to improve, while and constitutional amendment would entail a much harder and lengthy process.
During a forum held in Mexico City, the expert pointed out that the Constitution already establishes a daily limit of eight hours, but does not establish a maximum weekly limit. Given that the current legislation is considered as a minimum base, amending the LFT [Federal Labor Law] would permit adapting working hours to the demands from the environment without the rigidity of a constitutional reform. This is essential, as progress toward a gradual implementation of weekly working hours limited to 40 hours must include the lessons learned on the road toward 2030, a deadline specified for reaching this objective.
The proposal of gradualness has resonated in the current dialogue: the bill not only proposes a flexible approach, but also suggest adaptation by sectors. The business sector has advocated for considerations that go beyond the weekly scope, suggesting schedules that adjust to the daily, biweekly and monthly operating needs. One of the measures that was discussed is establishing a single day of mandatory rest, which is argued could maximize productivity.
The debate not only centers on the reduction of hours, but also on how to manage overtime. One of the alternatives being considered by companies is increasing the hiring of new employees or increasing the use of overtime. It is proposed, however, that this overtime not be taxed with Income Tax (ISR); this measure could benefit the workers’ economy.
With the objective of improving the country’s competitiveness and productivity, the current forums have the objective of working on a regulatory framework that fosters significant change, reflecting the needs of contemporary work and the demands of the global market.
This information derives from debates and proposals accessible up to June 23, 2025. The discussion continues, being essential for the future of labor in Mexico and the way in which labor reforms will be addressed in the country.
