Mexico: Reduction of the Workweek: Constitutional Amendment
On 3 December 2025, the President of Mexico, Claudia Sheinbaum Pardo, submitted to the Senate a constitutional amendment initiative to amend Article 123, Section A, of the Mexican Constitution, aimed at gradually reducing the standard workweek from 48 to 40 hours. The stated purpose of the initiative is to improve employees’ health, well-being, and work-life balance, while aligning Mexican labour standards with international benchmarks on working time.
The proposal establishes that, once the transitional period set forth in the transitory provisions is completed, the ordinary workweek may not exceed 40 hours. The initiative expressly provides that the reduction in working hours will not result in any decrease in wages or employment benefits. It also strengthens constitutional protections for minors by expressly prohibiting overtime work for underage employees.
The amendment introduces a phased implementation scheme designed to allow employers to progressively adjust their operational structures, shifts, and internal organisation. Under the proposed timeline, the constitutional amendment would enter into force on 1 May 2026. The maximum weekly working hours would then be reduced to 46 hours in 2027, 44 hours in 2028, 42 hours in 2029, and finally, 40 hours in 2030.
In addition, the initiative contemplates a revised framework for overtime work. Overtime will be voluntary and permitted within a range of nine to twelve hours per week. Any hours exceeding that threshold would be compensated at triple pay, subject to a maximum of four additional hours. The proposal also establishes that the combined ordinary and overtime working time may not exceed twelve hours in a single day. Furthermore, the initiative anticipates the future obligation for employers to implement electronic working time records, the specific requirements of which would be developed through secondary legislation.
As a constitutional amendment, the initiative must be approved by a two-thirds majority of the members present in both the Senate and the Chamber of Deputies and subsequently ratified by most of the state legislatures. If approved, the amendment would be enacted by the Executive Branch and would enter into force on the day following its publication in the Official Gazette, with the first effective reduction in working hours scheduled to apply on 1 January 2027.
Although the reform is still subject to legislative approval and further statutory amendments, the direction of travel is clear. Employers should treat this initiative as a high-impact labour reform and begin evaluating its potential operational, workforce planning, and productivity implications. We will continue to monitor the legislative process and provide updates on the final version of the constitutional amendment, as well as the accompanying amendment initiative to the Federal Labour Law submitted on the same date.
