As Mexico moves into 2026, its labour and employment framework continues to evolve toward a model characterized by intensified enforcement, digital oversight, and an expanded concept of employer responsibility. Recent regulatory and legislative developments reflect a clear policy direction: compliance is no longer assessed solely through formal documentation, but through the effective implementation of preventive measures, operational consistency, and demonstrable risk management.
For multinational and domestic employers alike, the year ahead will be shaped by complaint-driven inspections supported by digital tools, reinforced controls over subcontracting arrangements, heightened scrutiny of workplace conduct and discrimination, new ergonomic and rest-related obligations under the so-called “Chair Law” (Ley Silla), a landmark constitutional reform on working time, and the continued consolidation of Mexico’s labour court system.
Together, these developments point to a regulatory environment that is less predictable, more reactive, and increasingly outcome-oriented, making proactive compliance strategies essential.
1. Labour enforcement and digital complaint mechanisms
In September 2025, the Ministry of Labour and Social Welfare (STPS) launched the Labour Complaints and Accidents System (SIQAL), a publicly accessible digital platform that allows employees and third parties to report alleged labour and employment violations and workplace accidents. SIQAL operates alongside the Intelligence Data System for Labour Inspections (SIDIL) and is part of a broader strategy to centralize and digitalize labour enforcement.
Complaints submitted through SIQAL may be filed anonymously, tracked electronically, and internally classified by the STPS. In practice, these filings frequently lead to extraordinary inspections and administrative proceedings, often with limited advance notice. The system significantly lowers the threshold for regulatory intervention and accelerates enforcement timelines.
From a business perspective, this represents a structural change in how inspections are initiated. Rather than relying primarily on scheduled verification programs, authorities increasingly act on incoming complaints and data signals, reducing predictability for employers. The STPS has announced more than 43,000 inspections nationwide for the 2025–2026 period, with a strong emphasis on extraordinary inspections.
Employer implications for 2026:
- Workplace incidents or internal disputes can rapidly escalate into inspections.
- Authorities rely more heavily on digital records, internal consistency, and cross-checked data.
Continuous inspection readiness is becoming a baseline expectation rather than a best practice.
2. Non-discrimination, gender equality, and workplace investigations
Gender perspective as a compliance standard
Workplace violence, harassment, and discrimination are now central enforcement priorities in Mexico. Labour authorities increasingly apply a gender and human rights perspective, informed by constitutional principles, international treaties ratified by Mexico, and STPS inspection protocols.
A key regulatory instrument is NOM-035-STPS, which addresses psychosocial risk factors and expresses workplace violence. Employers are required to implement preventive policies, reporting channels, training programs, and follow-up procedures, supported by properly constituted Joint Committees, particularly in occupational safety and health.
Recent regulatory updates recognizing certain mental health conditions linked to workplace stress, harassment, or violence as occupational diseases have significantly increased employer exposure, extending potential liability beyond administrative sanctions to social security and civil contexts.
CONAPRED complaints and parallel exposure
In parallel, complaints before CONAPRED, Mexico’s federal anti-discrimination authority, have increased. These proceedings often run alongside labour disputes and may result in corrective measures, mandatory training, and reputational consequences. Judicial trends further require labour courts to assess discrimination-related claims using a gender and intersectional perspective, sometimes resolving moral damages directly within labour proceedings.
Employer takeaway: internal investigations are no longer discretionary tools. Well-structured, impartial investigations, frequently supported by independent third parties, are now essential to mitigate legal exposure and demonstrate good-faith compliance.
3. New inspection protocol on subcontracting and specialized services
Subcontracting remains one of the most heavily regulated and enforced areas of Mexican labour law. In September 2025, the STPS issued a new Inspection Protocol on Subcontracting, establishing standardized inspection criteria for REPSE-registered specialized service providers and their beneficiary companies.
The protocol clarifies the documentation inspectors may request and the standards applied to identify prohibited outsourcing schemes. Core verification points include confirming that there is no unlawful supply of personnel, that services are genuinely specialized, and that contracted activities do not overlap with the beneficiary’s corporate purpose or core business.
Inspections may take various forms, including REPSE verification visits, ordinary or extraordinary workplace inspections, and transversal inspections addressing working conditions, occupational safety, and training. In all cases, authorities may request service agreements, REPSE certificates, personnel lists, social security and tax compliance evidence, SISUB filings, and proof of training and supervision.
For beneficiary companies, the protocol reinforces an ongoing duty of due diligence and documentary supervision over service providers. For service providers, it raises expectations regarding workforce ownership, specialization alignment, and consistency between registered activities and actual operations.
Looking ahead, subcontracting compliance will continue to require a robust, audit ready approach, as discrepancies between contractual documentation and operational reality are increasingly treated as enforcement red flags.
4. Workplace health, ergonomics, and the “Chair Law” (Ley Silla)
On 15 December 2025, amendments commonly referred to as the “Chair Law” (Ley Silla) entered into force, reinforcing the right of employees who perform their activities in a standing position (bipedestación) to rest during the workday. In connection with these amendments, the STPS issued specific provisions addressing occupational risks associated with standing work, published in the Official Gazette.
Under these rules, workplaces in the services and commerce sectors, and industrial establishments where the nature of the work allows, must implement concrete preventive measures, including:
- Providing ergonomic seats or chairs with back support to employees performing standing activities.
- Conducting a risk analysis to identify standing work conditions (static, dynamic, or prolonged).
- Recording identified risks and preventive measures in the minutes of the Joint Occupational Safety and Health Committee.
- Selecting appropriate seating solutions based on job functions and environmental conditions.
- Implementing complementary measures such as task rotation, anti-fatigue flooring, and active break programs, as supported by the risk assessment.
These obligations aim to prevent health issues associated with prolonged standing, including musculoskeletal disorders, circulatory problems, fatigue, and pregnancy-related complications. While employers retain discretion to determine the frequency and form of rest periods, such decisions must be supported by documented risk analyses.
Enforcement outlook: compliance with the Ley Silla is expected to become a standard review point in both ordinary and extraordinary labour inspections, particularly in sectors with high employee turnover and public-facing operations.
5. Judicial transition and consolidation of the labour court system
Mexico’s labour justice reform continues to mature as specialized labour courts consolidate their operations. Judicial criteria are becoming more consistent, with increased emphasis on procedural rigor, documentary evidence, and rights-based analysis, particularly in termination, wage and hour, and discrimination related cases.
Broader constitutional discussions regarding judicial independence and institutional strengthening may further influence dispute resolution at the local level. For employers, the practical implication is clear: discipline in HR processes, documentation, and evidence management is now central to litigation risk control.
6. Reduction of the workweek: constitutional reform
On 3 December 2025, a constitutional reform initiative was submitted to amend Article 123, proposing a gradual reduction of the standard workweek from 48 to 40 hours through a phased implementation beginning in 2026.
The initiative expressly prohibits wage or benefit reductions and introduces stricter overtime controls, including enhanced premium payments and daily caps. It also anticipates the future introduction of electronic working time records, to be developed through secondary legislation.
While final implementation depends on legislative approval and subsequent statutory amendments, the direction of travel is clear. Employers should treat this reform as a high-impact operational change, requiring early workforce and productivity planning.
7. Legislative agenda to watch in 2026
The following labour and constitutional reform initiatives are expected to be discussed in Mexico during 2026:
- Federal Labour Law (FLL) – Paternity Leave Reform: proposal to extend paid paternity leave and provide additional leave in cases of medical complications related to childbirth or adoption.
- FLL – Leave for Victims of Gender-Based Violence: proposal to grant paid leave, strengthen anti-retaliation protections, and impose sanctions on non-compliant employers.
- FLL – Severance Payments: proposed amendments to increase statutory severance amounts in cases of unjustified dismissal.
- FLL – Union Governance: initiative to require gender parity in union leadership and governance structures.
- FLL – Workplace Health and Dignity Measures: proposal to require employers to provide free menstrual management products in the workplace.
8. Looking for employment law support in Mexico?
Mexico’s employment law landscape is undergoing a period of accelerated regulatory change and intensified enforcement, marked by digital complaint mechanisms, stricter inspection protocols, expanded workplace health and non-discrimination obligations, and significant constitutional reforms affecting working time and dispute resolution.
In this environment, managing employment risk in Mexico requires more than technical compliance, it demands local insight, strategic planning, and proactive legal support aligned with global business operations.
L&E Global member law firms in Mexico provide comprehensive employment and labour law advice to help employers navigate:
- Labour inspections and regulatory enforcement driven by digital complaint systems.
- Subcontracting and REPSE compliance under enhanced inspection protocols.
- Workplace conduct, discrimination prevention, and internal investigations with a gender perspective.
- Ergonomic, health and safety obligations, including compliance with the Ley Silla.
- Workforce planning and compliance strategies in anticipation of reduced working hours.
- Labour litigation before Mexico’s specialized labour courts.
By partnering with an L&E Global employment lawyer, you benefit from:
- Deep local expertise in Mexican labour and employment law, combined with a global perspective.
- Practical, business-oriented solutions tailored to your operational realities.
- Strategic risk management across the full employment lifecycle, from hiring and compliance to disputes and restructuring.
Contact an L&E Global member law firm in Mexico to ensure your organisation is well-positioned to meet the challenges and opportunities of Mexico’s evolving employment law framework.
