40-Hour Labor Reform: Are Two Mandatory Weekly Rest Days Expected?

With the recent approval in the Senate of the Republic of the labor reform that gradually reduces the workweek to 40 hours by 2030, a relevant question arises for workers: will there be two mandatory rest days per week? Here we explain what this reform entails and what changes it proposes regarding work-related rest.

What Does the Labor Reform Establish Regarding Rest Days?

Despite expectations from some sectors, the approved opinion does not include the obligation to grant two rest days per week. The reform maintains the principle established in Article 123 of the Mexican Constitution, which states that workers must have at least one rest day for every six working days.

In practical terms, this means that, although the workweek will be gradually reduced to 40 hours between 2027 and 2030, an additional rest day is not guaranteed, nor is it mandated that rest days must necessarily be Saturday and Sunday. The reform allows companies to distribute the 40 working hours over five or six days, without the obligation to condense them into just five.

How Will the 40 Working Hours Be Distributed?

The reform establishes a progressive reduction schedule for the weekly work hours:

• 2026: 48 hours
• 2027: 46 hours
• 2028: 44 hours
• 2029: 42 hours
• 2030: 40 hours

This adjustment will not be immediate or uniform, and companies will have flexibility to distribute working hours according to their operational needs. In this regard, the reform does not compel the concentration of working hours into just five days, allowing for six working days with shorter shifts, or five days with eight-hour shifts.

What Does This Imply for Workers?

The reduction in working hours could have positive effects on worker well-being. According to the International Labor Organization (ILO), expected benefits include reduced fatigue, lower risk of workplace accidents, and a better balance between personal, family, and work life. However, sectors that anticipated a five-day workweek with two rest days will need to adapt to the new provisions.

What About Overtime Hours?

The reform also introduces changes to overtime hours. It establishes that workers can voluntarily perform between 9 and 12 overtime hours per week, without exceeding 12 hours of work per day. Furthermore, overtime work is prohibited for minors, and a limit is set on “triple” hours. Overtime hours will be paid under the usual payment scheme, which will be applied according to the number of hours worked outside standard hours.

How Will Working Time Be Supervised?

One of the key measures of the reform is the implementation of an electronic registry of working hours, which will allow authorities to supervise compliance with ordinary and extraordinary working hours more efficiently. The Ministry of Labor and Social Welfare (STPS) will be responsible for issuing guidelines on how this registry should be maintained.

This entry first appeared in Líder Empresarial.