Employment I  May 5th, 2023

Potential Reduction of the Work Shift

To all our clients and friends; there has been significant dialogue in both, the House of Representatives and the Senate at the Federal level regarding the potential reduction of the work shift from 48 hours per week to anything between 40 hours and 36 hours per week with 02 mandatory days of rest.

Currently, there are at least nine initiatives, proposed by the incumbent party Morena and the Labor Party (Partido del Trabajo) in this respect.

Last Monday April 24th, the House Committee on Constitutional Points and Authorities in a formal session, approved the initiative to amend Article 123 of Mexican Political Constitution containing a reduction of the mandatory work shift from 48 hours per week to 40 hours per week with 02 days of mandatory rest.

However, the initiative was not submitted to the House of Representatives for a vote on this ordinary legislative period which ends on April 28th. It is not expected that this initiative would be submitted to a vote, if at all, until the next ordinary legislative period which will resume on September 1st, 2023. For the time being, there is no legislative change.

This amendment to the Constitution would be subject to certain requirements before it can be passed and become mandatory. A Constitutional amendment requires a number of votes which the incumbent party does not have at this time.

This situation will not change until the next election, to take place on June 2024.

However, there is no guarantee that the political party in power, Morena, would not attempt to pass this amendment before the next elections.

This in pass would give the entrepreneurial sector and the corresponding chambers the opportunity to lobby with members of Congress and senators on the consequences and the most appropriate actions to take in connection with this work shift reduction.

If you would like detailed information on the legislative process that needs to take place for any Constitutional amendment such as the one related to the work shift, particularly Article 123 of the Mexican Political Constitution, please do not hesitate to contact our Labor Practice.