The Mexican Senate is moving to amend the secondary legislation of the 40-hour work week reform to explicitly require two days of rest for every five days worked. While a constitutional change approved in February 2026 lowered the weekly limit, the original text failed to mandate a five-day schedule, leaving workers vulnerable to six-day work weeks.
Legal experts and labor advocates criticized the initial reform as a "simulation" because it allowed companies to redistribute the 40 hours over six days. By keeping the legal minimum of one rest day for every six days worked, the previous draft technically complied with the law while ignoring the spirit of a two-day weekend.
Closing the loophole
To correct this, Senate commissions are revising the Federal Labor Law to remove the word “up to” when defining the daily eight-hour shift. According to reports from El Economista and Milenio, the new language establishes a standard eight-hour workday, effectively forcing the adoption of a five-day work week.
Secretary of Labor Marath Bolaños confirmed the government's intent to standardize the schedule. "If you work eight hours a day, you must be guaranteed two days of rest per week," he stated during recent discussions.
The updated proposal also introduces stricter regulations for overtime. Under the new rules, workers will be limited to 12 extra hours per week. Any time worked beyond that threshold will require an additional 200% payment, a measure designed to prevent employers from forcing staff into 52-hour work weeks.
The transition to a 40-hour week will remain gradual, with the government planning a phased reduction of two hours per year until reaching the final target in 2030. President Claudia Sheinbaum has defended this timeline as a necessary step to protect businesses from abrupt economic shocks.
Beyond economic factors, the legislative push highlights growing concerns over public health. The official dictamen notes that long hours are directly linked to chronic fatigue, sleep disorders, and cardiovascular disease. By enforcing a two-day weekend, the Senate aims to curb the physical and mental strain caused by the current 48-hour model.
If the changes pass in committee and are later approved by the full Senate, the reform will finalize the structural shift in Mexico’s labor market. The move would officially end the practice of measuring rest in hours rather than full days, ensuring the 40-hour week functions as intended.
