40-hour reform: What is the actual limit for permitted overtime hours?

The controversy surrounding the 40-hour workweek reform has sparked intense political debate in Mexico. While some criticize it as a superficial measure, others defend its benefits. The truth is that the new regulation establishes clear rules about how many overtime hours can be worked daily, a point that has caused confusion among workers and employers.

The exact limits of overtime hours according to the labor reform

The 40-hour reform, which will begin to be discussed in February, sets specific provisions regarding overtime work. One of the most important restrictions is that minors are prohibited from working overtime. Additionally, the regulation sets a maximum cap: the total of regular hours plus overtime cannot exceed 12 hours in a workday.

The new legislation states that “overtime hours may be distributed over up to four hours daily, within a maximum of four days within the established period.” An important aspect is that these overtime hours will remain voluntary, meaning the worker can accept or refuse them without repercussions.

From 9 to 12 hours daily: how the workday changes with the reform

To understand the true impact of the 40-hour reform, it is helpful to compare the current situation with what will occur under the new regulation.

Currently, according to the Federal Labor Defense Attorney’s Office (Profedet), workers can work up to 9 hours of overtime per week, distributed over no more than three days. This represents approximately three additional hours per day outside the regular schedule.

Under the 40-hour reform, the scenario changes significantly. With a regular 40-hour workweek spread over six days, each workday would be approximately 6.6 hours. If up to 4 hours of overtime are added on four different days, the worker would be working 9.6 hours on those specific days.

Will the new overtime hours be voluntary or forced?

A critical point that has generated speculation is whether workers will have the right to refuse these overtime hours. The answer is clear in the 40-hour reform: all overtime hours will remain completely voluntary.

This feature is fundamental, as workers will not be obliged to accept them. Additionally, the law maintains the protection that these hours are paid at double or triple the value of an hour’s regular wage, and they are not part of the regular work schedule.

What the reform explains about compensation and protections

The Federal Labor Defense Attorney’s Office has been clear in its explanations: any overtime exceeding the established limit will be paid with a significant rate increase. Under the current regime, exceeding 9 hours of overtime per week results in triple pay.

The 40-hour reform introduces changes to these caps, allowing more flexible distribution but within maximum daily limits. That is, there will be an increase in the number of overtime hours that can technically be worked per day (from 3 to up to 4), but always maintaining the total limit of 12 hours per day.

Gradual implementation and political debates

While the 40-hour reform is being debated in Congress, it is important to highlight that its implementation will be gradual. The changes will not happen immediately but will be phased in until reaching the goal of a 40-hour workweek by 2030.

Critics on social media point out that this gradual approach is precisely what generates controversy. Some comments indicated that “we already knew,” referring to the fact that the progressive nature of the change had been communicated beforehand. Others defended the measure, arguing that overtime is optional and can be beneficial for those needing additional income.

What is clear is that the 40-hour reform establishes specific regulatory frameworks for overtime hours, although its implementation will continue to be analyzed and discussed in the coming years.