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28 February 2025

Mexico’s Proposed 40-Hour Workweek: Impacts And Implications

The discussion surrounding the 40-hour workweek continues, yet the urgency to finalize regulations remains pressing.

Mexico's proposed reduction of the workweek to 40 hours is moving closer to reality, stirring debate among workers about potential impacts on their wages once the change is implemented. The initiative, which seeks to decrease the standard work hours from 48 to 40, aims to improve employee health and productivity. Despite its introduction to Congress back in 2023, discussions continue within the Chamber of Deputies.

A major concern among workers is whether their salaries will change due to shorter working hours. According to Article 51 of the Federal Labor Law (Ley Federal del Trabajo, LFT), any reduction of wages without the employee's consent is unconstitutional, allowing workers to demand compensation akin to unjust termination. Simply put, if the new workweek standard is enacted, it should not lower current wages.

Should employees find their pay unjustly decreased, the LFT authorizes them to file complaints with the Federal Attorney for Labor Defense (Procuraduría Federal de la Defensa del Trabajo, Profedet) or their local Conciliation and Arbitration Board. Complaints can be made through their offices or by calling their dedicated helplines.

It is also important to recognize the limits of who this new weekly workload applies to; individuals working fewer than 48 hours already, and those under contract or sector-specific agreements—like public servants—will not be affected.

The proposal is not without its challenges. Political factions have varying approaches to the implementation timeline. The Movimiento Ciudadano (MC) party has included subsidies for micro and small enterprises to ease the transition, ensuring employee retention and safeguarding salaries. Their plan suggests staggered compliance—large companies adjusting within six months, medium-sized firms over 18 months, small businesses over two years, and microenterprises over three and a half.

Conversely, the ruling Morena party favors gradual adaptation based on company resources, supporting the introduction of the workweek reduction under flexible schedules. Meanwhile, Partido del Trabajo (PT) is advocating for immediate enforcement without transitional periods, arguing the right to more leisure days should not hinge on corporate readiness.

Secoundarily, Green Party legislators have proposed applying the notion only to the private sector, advocating for rapid implementation over one year with additional time for secondary legal adjustments. Citing evidence from Germany, they believe fewer working hours can lead to increased productivity.

Despite political differences, consensus appears around the necessity of reducing the workweek to 40 hours without altering salaries. Still, negotiations are underway with various stakeholders meeting for discussions aimed at creating practical solutions for this proposed transition.

According to labor law specialists, open forums woven together with input from business representatives and laborers will be key to crafting the reform. The upcoming dialogues, which will kick off soon, could lay the groundwork for implementation routines adapted to each industry. Claudia Sheinbaum, the president, noted plans for collaborative sessions led by the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social, STPS) would commence before the year’s end.

Responding to these developments, Marath Bolaños, Secretary of the STPS, reiterated the commitment to working gradually with companies and labor unions to clarify the adjustment process. The MC party has proactively planned around nine regional dialogue forums, starting on March 3, 2025, aimed at identifying practical strategies for the proposed workweek reduction.

Experts believe these discussions are pivotal not only for overseeing the proposed changes but also for aligning diverse industry needs. Mayeli Cabral, the Labor Partner at Chevez Ruíz Zamarripa, emphasized the importance of incorporating varied perspectives—including those from micro, small, and medium-sized enterprises—and their needs during this transition.

While there is little doubt about the necessity of reform for workers’ rights, some experts caution the timeline must reflect the realities of each sector to be effective. Rafael Vallejo from Von Wobeser y Sierra stressed anticipation of changes is rising, describing gradual adjustments as valuable to give companies sufficient notice to adapt.

Finally, it’s evident the proposed reduction is not without repercussions. The private security sector, for example, has warned of potential costs rising by at least 40% if staffing levels need to triple under the new regulations. Daniel Espinosa, of the Mexican Association of Private Security Companies (AMESP), outlined how new staffing requirements could push operating costs significantly upwards.

Across the board, whether through potential staffing increases or adjustments to existing labor practices, each sector prepares for how this proposed law may reshuffle workplace dynamics. Experts claim regardless of the approaches taken, workers should see improved conditions, including enhanced health metrics and productivity levels. The discussion surrounding the 40-hour workweek continues, yet the urgency to finalize contracts and regulations remains pressing as Congress prepares for key votes expected this spring.