On the occasion of the beginning of the year 2026, we share with you the key issues to consider in labor matters.
I. Initiative on the Reduction of the Workweek
At the end of last year, the head of the Ministry of Labor and Social Welfare presented a new bill proposing amendments to the Constitution and the Federal Labor Law to implement a 40-hour workweek.
This initiative has been pending analysis and discussion since December 3, 2025, and therefore does not yet constitute a final or mandatory version and may be subject to modifications. Notwithstanding this possibility, we anticipate that the core intent of the reform will not undergo major changes.
The initiative, which will form part of the federal government’s priority agenda, includes the following points:
- Reduction of the workweek from 48 to 40 hours, without affecting acquired rights or reducing wages or benefits.
- Gradual implementation to allow workplaces to adapt their processes. The reform is expected to enter into force on May 1, 2026, with no reduction in working hours during that year. Starting in 2027, the workweek would be reduced by 2 hours per year, as follows:
| Year | Maximum Weekly Working Hours |
| 2026 | 48 hours (no reduction) |
| 2027 | 46 hours |
| 2028 | 44 hours |
| 2029 | 42 hours |
| 2030 | 40 hours |
- Expansion of permitted overtime hours. During 2026 and 2027, the maximum limit of 9 overtime hours per week would remain in place. Starting in 2028, the limit would increase by 1 hour per year, culminating in 2030:
| Year | Overtime Hour Limit |
| 2026 | 9 (no hay incremento) |
| 2027 | 9 (no hay incremento) |
| 2028 | 10 |
| 2029 | 11 |
| 2030 | 12 |
- Mandatory implementation of an electronic timekeeping system. The Ministry of Labor and Social Welfare will issue general provisions defining the scope of application and any exceptions to this obligation.
- Under current legislation and criteria, timekeeping records are optional for companies, and there is no obligation to retain documentation in this regard. However, if the reform is approved as proposed, this will become a mandatory requirement for employers.
The proposal creates uncertainty regarding the elements that will be used to verify the integrity and reliability of the records, making this a key issue to analyze once the final text is defined.
Source: Iniciativa_Artículo123_CPEUM.pdf
II. Increase in Minimum Wages for 2026
As of January 1, 2026, the increase in minimum wages in Mexico came into effect. For the general minimum wage (ZSMG), the total increase was 13%, consisting of an Independent Recovery Amount (MIR) of MXN $17.01 per day, plus a 6.5% increase by adjustment. Meanwhile, the minimum wage applicable in the Northern Border Free Zone (ZLFN) increased by 5%, resulting in the following daily amounts:
- General minimum wage (ZSMG): from MXN $278.80, increased by 13% to MXN $315.04 per day.
- Minimum wage in the Northern Border Free Zone (ZLFN): from MXN $419.88, increased by 5% to MXN $440.87 per day.
According to the Official Gazette of the Federation, to determine the monthly minimum wage, the daily wage should not be multiplied by 30 days. The correct calculation consists of multiplying the daily wage by 365 days and dividing by 12 months, resulting in the following monthly amounts:
- General minimum wage (ZSMG): MXN $315.04 × 365 / 12 = MXN $9,582.47 per month.
- Minimum wage in the Northern Border Free Zone (ZLFN): MXN $440.87 × 365 / 12 = MXN $13,409.80 per month.
Additionally, pursuant to the Official Gazette, the minimum wage may not be prorated by the hour for the payment of reduced workdays or workdays shorter than the maximums established in Article 61 of the Federal Labor Law, considering that Article 83 of the same law establishes that when wages are set by unit of time, they may in no case be lower than those corresponding to a daily workday.
The resolution expressly clarifies that payment by unit of time may never be less than the current daily minimum wage. Consequently, it is not valid to agree on hourly schemes that result in earnings below the legal daily minimum, even if reduced or shorter-than-standard workdays are agreed.
This restriction acts as a safeguard against the potential reduction of the workweek, preventing employers from using hourly flexibility to mitigate the economic impact of a reduced workday at the expense of workers’ income.
Source: DOF – Diario Oficial de la Federación
III. Guidelines for the Individual Pretrial Conciliation Procedure via Remote Means
On January 6, 2026, the guidelines for conciliation hearings conducted through digital platforms were published in the Official Gazette of the Federation, highlighting the following points:
- Non-admission of repeated proceedings. When a previously concluded pretrial conciliation procedure without an agreement is detected, and the same claimant seeks to initiate a new procedure against the same employer under the same circumstances, the Conciliation Center may issue a resolution denying admission. In such cases, limitation periods are not suspended, without prejudice to the claimant’s right to file a claim before the Labor Court.
- Case closure due to lack of interest. If a claimant initiates three or more conciliation procedures that are closed due to lack of interest on their part, the conciliator will warn that if the claimant fails to appear at the next hearing, a Certificate of Completion of the Mandatory Pretrial Conciliation Stage (“non-conciliation certificate”) will be issued, without prejudice to the claimant’s right to file a claim before the Court.
- Registration for Proof of Legal Standing. This registry is incorporated as a digital tool designed to facilitate proof of legal standing for companies’ legal representatives through the prior registration of notarized instruments.
Source: DOF – Diario Oficial de la Federación
IV. Labor Inspections and Strengthening of Oversight (2021–2026)
Over the past five years, the Ministry of Labor and Social Welfare has progressively increased its federal labor inspection policy. Between 2021 and 2022, annual programs set targets of approximately 40,000 inspections per year. For 2023, the target increased to 42,000 inspections. In 2024, the authority reported carrying out just over 32,000 inspections, mainly extraordinary in nature. Finally, for 2025, the Ministry set a historic target of 43,000 inspections, representing an increase of approximately 34% compared to 2024, reporting progress of more than 75% of the annual program as of the end of November.
As part of this reinforcement, in 2025 the Ministry issued and updated specific inspection protocols, notably the Protocol on Subcontracting and Specialized Services (REPSE), as well as operational guidelines supported by data intelligence tools to focus inspections on workplaces with a higher probability of non-compliance. In addition, active coordination has been maintained with the Federal Center for Labor Conciliation and Registration, particularly to verify matters related to union democracy, freedom of association, and compliance with collective obligations, thereby expanding the substantive scope of inspections.
Looking ahead to 2026, labor authorities have anticipated the continuation and consolidation of this reinforced oversight policy, increasing inspections related to subcontracting and general working conditions in light of the initiative to reduce the workweek. In this context, labor inspections are expected to remain a central pillar of labor public policy, with an increasingly preventive, targeted, and technology-supported approach. This makes it advisable for workplaces to proactively review and strengthen their compliance processes and labor documentation.
Source: STPS Programas: 2021, 2022, 2023, 2024, 2025, Subcontratación
At MGGL, we are available to address any questions and provide support in strategic planning, considering the legal landscape anticipated for this year.
