Do overtime hours really extend up to 12 daily? What the 40-hour reform says

The debate over labor reform has caused confusion among workers and employers. The central question is clear: will the new workday allow working up to 12 hours a day? The answer requires a detailed analysis of what the 40-hour reform actually establishes, which has been discussed since February 2026, and how working hours are structured under this new regulation.

Changes in the workday and overtime limits

The 40-hour reform introduces significant changes to how the workweek is organized in Mexico. The first important point is that there is a maximum limit: the total of regular working hours plus overtime cannot exceed 12 hours in a day. This is fundamental because it sets a legal ceiling, not an invitation to work that amount every day.

According to the regulation presented, overtime can be distributed over up to four additional hours per day, but only for a maximum of four days within the defined period. This means a worker does not necessarily work 12 hours every day, but that this is the upper permitted limit.

Currently, according to information from the Federal Labor Defense Attorney’s Office (Profedet), workers can work up to 9 hours of overtime per week, equivalent to three extra hours over three days. The 40-hour reform does increase this limit, allowing a different distribution of those overtime hours throughout the week.

What the new regulation states about overtime

A key aspect that is often overlooked is that overtime will remain entirely voluntary. They are not mandatory for the worker, who can accept or reject them as they see fit. When performed, they are paid at double or triple the rate of a regular hour’s wage, but they are not part of the regular workday.

The reform envisions that the regular workday will be six days a week. With this structure, daily hours would be approximately 6.6 hours, to which overtime would be added only on days when both worker and employer agree. If a worker accepts three hours of overtime on four days, that would mean workdays of about 9.6 hours on those specific days, while on other days it would be less.

Clarifying the debate on labor reform

It is important to recognize that the 40-hour reform is a gradual change. The reduction of the workweek will be phased in, with the goal of reaching a full 40-hour workweek by 2030. This does not happen overnight but through progressive adjustments.

Another point causing confusion is that some politicians have presented the regulation of overtime as a “strategy” to avoid a real reduction in the workday. However, the key is that overtime remains voluntary. A worker who prefers to maintain their current income level can accept those extra hours, while someone seeking to reduce their working hours can reject them without legal consequences.

Therefore, the 40-hour reform does not necessarily extend daily work hours to 12 hours. It establishes a legal maximum limit, organizes how those overtime hours can be distributed, and maintains their voluntary nature. The final outcome will depend on individual agreements between employers and workers.