Understand the laws governing work hours and overtime in Mexico
Mexican labor law, specifically the Federal Labor Law (Ley Federal del Trabajo - LFT) in Article 57, establishes a standard workday of eight hours. This applies regardless of the specific industry or employer.
Mexico adheres to a 48-hour workweek as per Article 57 of the LFT. This translates to a six-day workweek, with eight hours per day.
There are variations based on shift types:
Mexican labor law provides clear guidelines for overtime work, ensuring employees' rights are protected and they receive fair compensation.
The Federal Labor Law (Ley Federal del Trabajo - LFT) recognizes situations where it might be necessary to exceed the standard workday. Authorized reasons for overtime work include completing urgent tasks that cannot be postponed until the next workday without causing significant harm to the employer's operations, and responding to unforeseen circumstances or repairs that require immediate attention.
The LFT also establishes limitations on overtime work to prevent employee exploitation. These limitations include a maximum of three additional hours per day beyond the standard eight-hour workday, and the total overtime worked cannot exceed three times the standard workday in a week.
Mexican law mandates fair compensation for overtime work. Overtime worked within the legal limits must be compensated at double the employee's regular hourly rate. Any hours worked exceeding the weekly limit of overtime qualify as excessive overtime and attract a premium of triple the employee's regular hourly rate.
Employers in Mexico are obligated to maintain detailed records of employee overtime hours. These records should include the date, duration of overtime worked, and the corresponding compensation paid. This documentation serves as proof of compliance with labor laws and protects employee rights.
Mexican labor law prioritizes worker well-being by mandating designated rest periods and breaks throughout the workday. Here's a comprehensive breakdown of employee entitlements as outlined in the Federal Labor Law (Ley Federal del Trabajo - LFT).
Rest Periods
The LFT stipulates a mandatory rest period of at least 30 minutes after every six hours of work. This break allows employees to rest, recharge, and return to their duties with renewed focus.
Exceptions to the 30-minute Rest Period:
If a workday is less than six hours, the mandated rest period is reduced proportionally. For instance, a four-hour workday would necessitate a 20-minute break.
Breaks
Mexican labor law acknowledges the need for shorter breaks throughout the workday, but doesn't explicitly mandate them in the LFT. However, some collective bargaining agreements or company policies might incorporate short breaks into the work schedule.
Common Break Practices in Mexico:
Many employers in Mexico informally grant short breaks of 10-15 minutes throughout the workday, allowing employees to use the restroom, grab a snack, or stretch.
Mexico's labor law acknowledges the unique nature of night and weekend work, setting regulations to ensure fair treatment and compensation for employees working these shifts.
Night shift work is defined as work that falls within the timeframe of 8:00 PM and 6:00 AM. Night shift workers benefit from a shorter workweek compared to day shift employees. The maximum allowable working hours for a night shift are seven hours per day, which translates to a 42-hour workweek. While Mexican law doesn't mandate a premium wage for night shifts, some collective bargaining agreements or company policies might offer additional compensation to incentivize night work.
The standard workweek in Mexico is six days, running from Monday to Saturday. Working on Saturdays is not mandatory and requires the employee's consent. Employers cannot force employees to work Saturdays. If an employee agrees to work on Saturday, exceeding the standard workweek triggers overtime pay.
Sundays are generally considered mandatory rest days for most employees in Mexico. Working on Sundays is strictly voluntary and requires the employee's explicit agreement. Similar to Saturday overtime, working on Sundays necessitates premium pay.
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