FieldWy FLOW · Mexico labor reform 2026

The 40-hour workweek in Mexico: compliance with FieldWy FLOW and its mobile app

Plan, record, validate and prove every employee's working hours, whether in the office, in the field, remote or on shifts, with auditable evidence from day one.

Maximum workweek

48 h
46 h
44 h
42 h
40 h
20262027202820292030
What changes

The workweek drops from 48 to 40 hours between 2026 and 2030

With no cut to pay or benefits, and with control over rest periods, overtime and a reliable electronic record of every workday.

202648 h
202746 h
202844 h
202942 h
203040 h
8 h

Day shift

Standard daily limit.

7 h

Night shift

Standard daily limit.

7.5 h

Mixed shift

Standard daily limit.

Key rule: the shorter workweek does not allow any reduction in pay or benefits. Daily limits, rest periods and overtime rules must still be met.

Source: DOF, March 3, 2026 (constitutional reform) and DOF, May 1, 2026 (Federal Labor Law reform). DOF is Mexico's Official Gazette; sources in Spanish.

Scope

Who do these rules apply to?

The 40-hour maximum workweek and electronic time records apply to every subordinate employment relationship governed by Mexico's Federal Labor Law (LFT), regardless of industry, company size or job title.

Companies

Every employer with subordinate employees

Manufacturing, retail, services, banks, fintech, insurers, telecom, logistics, healthcare, corporates and SMEs. In the office, in the field, remote, hybrid or on shifts.

People

Anyone working under subordination

A worker is an individual who provides personal, subordinate work to another (Art. 8 LFT): operational, administrative, sales and field staff, supervisors and managers.

Trusted staff

It applies to them too

"Trusted employee" (trabajador de confianza) status depends on functions (Art. 9 LFT), not the job title, and it is not an exemption from the maximum workweek or time records. In litigation, senior executives who set their own schedules may be treated differently on evidence; that does not exclude them from the law.

What is not automatically covered

Relationships without subordination, such as genuinely independent contractors or professionals paid by fee, are not governed by LFT working-hours rules. Note: if subordination exists in practice, the relationship is employment regardless of the contract. Exceptions to electronic time records will be defined by the STPS (Labor Ministry) in general provisions taking effect on January 1, 2027; so far they do not broadly exclude trusted staff.

What the Federal Labor Law says

Art. 8 LFT

"A worker is an individual who provides personal, subordinate work to another individual or legal entity."

Art. 9 LFT

"The category of trusted employee depends on the nature of the functions performed and not on the title given to the position. Trusted functions are those of management, inspection, oversight and auditing, when general in nature, and those related to the employer's personal work within the company or establishment."

Art. 59 LFT (DOF May 1, 2026)

"The maximum duration of the ordinary working day shall be forty hours per week."

Art. 132, sec. XXXIV LFT (DOF May 1, 2026)

Employer obligation: "To electronically record the working hours of each worker, including start and end times, and to provide them to the authority when required." The same section provides that the STPS will issue general provisions on its scope and exceptions, and that the electronic record will have full evidentiary value when agreed between worker and employer.

Informational content; not legal advice. Each organization should validate its case with its legal team or labor counsel. Translations are unofficial; the Spanish text prevails. Sources: DOF March 3, 2026 (constitutional reform), DOF May 1, 2026 (LFT reform) and current LFT text.

Solution requirements

Retention, backup and traceability

These are criteria the solution should address. Availability, scope and terms require technical and contractual validation; they are not confirmed existing features.

Five-year historical information retention

The solution should provide for a five-year working-time history, with records organized by employee and period. Retention must reflect the record type, purpose and applicable obligation: Mexico's Federal Labor Law does not require five years for every attendance record. Labor, tax, social security and, where applicable, commercial rules may have different or longer periods. A claim or review may require relevant evidence to be preserved for longer.

What the system should address: retention rules by category, identified starting dates, restricted access and suspension of deletion where appropriate; restricted-use blocking and controlled deletion once applicable obligations and purposes have ended.

Legal basis and scope

LFT Art. 804: labor documents and retention periods by category (contracts, payroll, attendance, receipts).

CFF Arts. 28 and 30: accounting and tax documentation, five years from filing or due date of related returns; extensions for prolonged tax effects, appeals or litigation.

LSS Art. 15 II: records such as payroll and crew lists, five years following their date.

Commercial Code Arts. 38, 46 and 49: merchants keep receipts, books, records and documents for a minimum of ten years within their scope.

LFPDPPP Arts. 10–12 and 24–25: necessary retention for documented purposes and periods; blocking when processing ends and deletion once obligations are met.

Information backup and recovery

Keeping information also means being able to recover it after loss or an incident. The solution should include encrypted backups separated from the primary environment, access controls and restores validated through periodic testing. Backup frequency and recovery objectives should be agreed according to risk and operational needs: the general provisions cited here do not prescribe a single RPO or RTO for all working-time systems.

What the system should address: an inventory of data and copies, backup logs, a restore procedure, integrity validation and backup retention rules. A backup does not replace documents, formalities or preservation attestations required in a particular case.

Legal basis and scope

LFPDPPP Arts. 18–20: administrative, technical and physical security measures to protect data against damage, loss, alteration and unauthorized access; confidentiality even after the relationship ends.

LFT Art. 784, final paragraph: losing documents through force majeure or natural events does not remove the burden of proving the position through other means.

CFF Regulations Arts. 34–35: option to back up accounting records on authorized media and reconstruction of entries under their tax provisions. The technical controls described are design requirements, not a certification.

Change traceability

A correction should be explainable without losing the original record. The solution should provide a history showing who changed information, when, why, what changed and who authorized it, along with the version of the rules used to calculate working time and overtime.

What the system should address: original clock records linked to corrections, calculation versions, integrity and permission controls, and contextual exports for reviews, employee requests or official requirements. Traceability supports evidence; it does not by itself guarantee a legal outcome.

Legal basis and scope

LFT Arts. 804–805: retention and production of documents; rebuttable presumption regarding facts related to those documents if the obligation is breached.

LFT Art. 836-C/D: locating and integrity of electronic evidence; data to place information in time and space between sender and recipient.

LFPDPPP Arts. 10, 18, 20 and 23: accuracy and currency of data; security, confidentiality and rectification. The detailed audit-log structure is a design choice supporting those objectives.

Legal note: Proposed requirements are not a NOM-151 certification, a tax-compliance guarantee, an SLA or verified existing features. Electronic timekeeping under LFT Art. 132 XXXIV and the STPS general provisions effective from January 1, 2027 require a scope-and-exceptions review before compliance is claimed. Legal information reviewed as of November 5, 2026, Mexico City time.
Complete guide · Regulations

Key regulations

From the legal framework to digital compliance: what HR, Operations, Legal and IT need on their radar.

Working hours

Constitution and LFT

Article 123 of the Constitution and Articles 58 to 61 of the Federal Labor Law (LFT). Define schedules, work modes, duration and distribution of working hours.

Overtime

Additional time

Apply Articles 66 to 68 of the LFT and the transitional provisions in force. Record actual time, reason, review, authorization and payment.

Rest

Breaks and rest days

Manage breaks during the workday, weekly rest, Sundays and public holidays.

Time records

Electronic evidence

Reliable mechanisms to record start and end times, consult history, document changes and export evidence.

Remote work

LFT and NOM-037-STPS-2023

Assess applicability, working conditions, health and safety, training, tools and the right to disconnect.

Privacy

Personal data

Data minimization, controlled access, transparency and retention in line with the applicable framework.

Work scenarios

Every work mode, with its own procedure and evidence

Select a scenario to see its specific procedures and controls.

Daily procedure

FLOW automates the daily compliance cycle, from planning to evidence

Six steps repeated every day for every employee, with full traceability.

01

PLAN

Hours, calendar, work mode and rest.

02

RECORD

Start, end and exceptions.

03

VALIDATE

Limits, deviations and overtime.

04

RESOLVE

Adjustments with approval and justification.

05

RECONCILE

Records and exceptions against payroll.

06

PROVE

Auditable file and reports.

The solution · FieldWy FLOW + mobile app

Every employee records their hours from their phone, in any work mode

The mobile app captures; FLOW applies rules, orchestrates clarifications and approvals, and keeps the evidence.

🏢

Office

Clock-in, clock-out and breaks with a timestamp.

🧰

Field and crews

Offline records linked to the work order.

🏠

Remote work

After-hours alerts and respect for the right to disconnect.

🔄

Hybrid

One identity, several channels, no duplicates.

🌙

Shifts and nights

Rotations, handovers and shifts that cross midnight.

🚐

Mobile staff

Clock-in per service, without continuous tracking.

Compliance technology architecture

CAPTURE

Web · PWA · Mobile · Kiosk · Offline

RULES

Schedules · Limits · Shifts · Rest

BPM PROCESSES

Clarifications · Approvals · Escalations

↓

EVIDENCE

Events · Versions · Identity · Audit log

REPORTS

Workdays · Overtime · Exceptions · Audit

INTEGRATIONS

HR · Payroll · ERP · Directory

Reference architecture; scope is validated with each organization during the assessment.

Evidence and reports

Every obligation backed by auditable evidence

An up-to-date operational dashboard with missing records, extended workdays and exceptions.

ObligationControl in FLOWEvidenceOwner
Maximum hoursCalendars and limitsSchedules and daily recordsHR / Operations
OvertimeDetection and approvalTime, reason and paymentSupervisor / Payroll
Rest periodsScheduling and alertsCalendar and eventsOperations
Electronic recordCapture and historyExportable audit logEmployer / IT
Remote workNOM-037 policiesSingle employee fileHR / Health & Safety
PrivacyAccess and minimizationPolicies and auditPrivacy / IT
Daily

Supervision

  • Missing records
  • Extended workdays
  • Open exceptions
  • Active staff
Weekly

Compliance

  • Regular and overtime hours
  • Rest periods
  • Exceptions
  • Offline records
Monthly

Audit

  • Payroll reconciliation
  • Corrections
  • Adoption by site
  • Exportable files

Responsibilities

Employer

  • Set lawful policies and schedules
  • Provide recording mechanisms
  • Oversee compliance
  • Handle exceptions and payments

Employee

  • Know their schedule and rest periods
  • Record their hours truthfully
  • Report failures and omissions
  • Request clarifications

Supervisors

  • Plan shifts and services
  • Respond to alerts
  • Document exceptions
  • Prevent excessive hours

HR / IT / Payroll / Legal

  • Configure rules and access
  • Reconcile records and payments
  • Train and support
  • Keep regulatory criteria up to date
Implementation

Get your company ready for the transition in four phases

A structured engagement, from the initial inventory to supported operation.

PHASE 01

Assessment

Workforce, sites, work modes, contracts, schedules and systems.

PHASE 02

Design

Rules, processes, privacy and architecture in FLOW.

PHASE 03

Pilot

Office, field and remote work; adjustments to usage and rules.

PHASE 04

Rollout

Training, payroll integration, support and ongoing audit.

Self-assessment

Readiness checklist

Check the controls your organization already has in place.

Check the controls to see your readiness level.

This checklist is a readiness tool. It is not, in itself, a certification of legal compliance.
Frequently asked questions

Overtime and working hours: 13 key questions

Answers on overtime, time records, legal limits and evidence, based on Mexico's Federal Labor Law as reformed in 2026.

When does overtime arise?

When the applicable ordinary schedule is extended with time actually worked or spent at the employer's disposal to perform the job. Review the agreed schedule within legal limits, shift type, agreed distribution, breaks and recording issues. A clock record is evidence: it does not by itself determine overtime or justify truncating it. A statutory maximum should not be used to disregard a shorter agreed ordinary schedule.

Examples, not universal thresholds: Assume an eight-hour ordinary daytime schedule, no excludable breaks or valid redistribution changing that assumption, and all stated time actually worked or spent at the employer's disposal: ten hours means eight ordinary hours plus two overtime hours; twelve means eight plus four. If only the clock interval is known, recording issues must first be resolved. Double or triple pay depends on the week's accumulated overtime, not just that day's total. Other shifts and agreed schedules require separate analysis.
What is "time at the employer's disposal" versus merely being on site?

Working time is the time the employee is at the employer's disposal to perform work (Art. 58). Presence without work or availability may be disputed; work that was ordered, tolerated, or known by the employer usually triggers pay even without a formal "overtime authorization."

Do meal and rest breaks count?

A continuous shift must include at least a half-hour break. If the employee cannot leave the workplace during rest or meal time, that time counts as working time. Being allowed to leave does not automatically justify deducting the minimum half-hour break: the schedule, actual break conditions and applicable agreements must be assessed.

How are double and triple rates paid in 2026?

In 2026, the first nine overtime hours of the week are paid at the ordinary hourly rate plus 100% (double); excess overtime is paid at the ordinary rate plus 200% (triple). The Art. 66 phased limit is nine hours in 2026–2027, ten in 2028, eleven in 2029 and twelve in 2030. Art. 66 provides for up to four overtime hours a day on a maximum of four days; Art. 68 limits the additional extension to four hours a week and combined ordinary/overtime work to twelve hours a day. These are work limits, not limits on the right to payment: exceeding them neither authorizes the schedule nor cancels pay for time already worked. Assess the specific case; do not treat triple pay as routine operating permission.

Is the ordinary workweek already 40 hours?

Art. 59 states forty hours, with statutory phasing: an ordinary weekly maximum of 48 in 2026, 46 in 2027, 44 in 2028, 42 in 2029 and 40 in 2030. May 1–December 31, 2026 is the adjustment period. This does not require shorter agreed schedules to be increased or allow daily limits to be exceeded.

The company has a "we don't pay overtime" policy or a fixed monthly salary. Does that work?

Not to wipe out the right. Waivers of rights and of earned wages are void (Arts. 5 XIII and 33). Overtime actually worked must be paid even if the contract says otherwise.

If there was no prior authorization, must the company refuse to pay?

Internal authorization is an operating control, not a waiver of wages. Its absence does not by itself decide whether overtime was worked: instructions, required availability and evidence must be assessed. Nor does mere presence automatically generate overtime. A policy or contract cannot remove payment for overtime actually earned.

Are "confianza" (trusted) employees exempt from overtime?

The category depends on functions, not the job title (Art. 9). Arts. 58–68 do not create a general "confianza = no overtime" exception.

Who proves hours in a lawsuit?

In a dispute, Art. 784 VIII assigns the employer the burden of proving its position on ordinary working time and overtime when the latter does not exceed nine hours per week. Art. 804 III requires retention and production of attendance records when kept at the workplace; Art. 805 provides a rebuttable presumption regarding facts related to those documents if the obligation is breached. This does not make a clock record an automatic payroll calculation or prescribe a single way to prove every claim exceeding nine hours. The burden concerning excess hours requires analysis of the litigation and evidence. Loss through force majeure does not remove the duty to prove the position through other means (Art. 784, final paragraph).

What if someone forgot to clock out or there is a discrepancy?

Resolve the recording issue and document the outcome without silently deleting the original clock record. As a design requirement, link the correction to the original with a reason, responsible actor, date and authorization. Art. 132 XXXIV, added with effect from May 1, 2026, provides for electronic start/end records and production to the authority; its full-proof rule requires proof that the content was agreed between employee and employer. STPS general provisions on scope and exceptions are to take effect from January 1, 2027 (Fifth Transitory). This is not automatic system certification or a waiver of rights.

May the parties redistribute the schedule by agreement?

Yes: Art. 58 (para. 2, DOF 1 May 2026) allows distribution by mutual agreement within daily/weekly maxima and weekly rest (Art. 69). It does not authorize skipping overtime pay or exceeding 12 hours/day.

What if a limit is exceeded or overtime remains unpaid?

Paying overtime does not authorize exceeding legal limits. Exceeding them does not remove the right to payment for overtime actually worked. The employer should review the incident, correct operating practices and address wage differences using evidence. Clock records must not be truncated to fit an internal policy.

Does keeping information for five years guarantee compliance?

No. The document, applicable rules and starting date determine how long it must be kept. Some obligations have different periods or require extensions. Security, access, integrity and deletion under personal data rules also matter. Configuration and service terms require case-specific validation.

Official sources

  1. Federal Labor Law (consolidated): Chamber of Deputies (last reform DOF 14 May 2026)
  2. LFT Reform: DOF 01 May 2026 and DOF note
  3. Constitutional reform: DOF 03 March 2026
  4. Federal Fiscal Code (CFF): Consolidated and Regulations
  5. Social Security Law (LSS): Chamber of Deputies
  6. Personal Data Protection Law (LFPDPPP): Law and Regulations
  7. Commercial Code: Chamber of Deputies

All sources are in Spanish; DOF is Mexico's Official Gazette (Diario Oficial de la Federación).

Important notice This content is informational and educational; it does not constitute legal advice or a legal opinion. Every employment situation is unique and must be validated with your legal team or labor counsel. Translations into English are unofficial; the Spanish text of Mexican laws prevails. Cutoff date: November 5, 2026, Mexico City.
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  • Four-phase implementation roadmap

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