News about the 40-hour workday reform

In recent days, an initiative for regulatory reform to Article 123 of the Constitution was presented in the Chamber of Deputies, with the purpose of reducing the working day from 48 to 40 hours a week.

The reform contemplates including workers in the service of the State, so a shorter working day would also apply to them.

President Claudia Sheinbaum has pledged that during her administration the reform will be carried out so that the working week includes 40 hours of work, for which she is considering that the transition be gradual, so the suggested deadlines are:

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· The Ministry of Labor and Social Security (STPS) would have a period of 60 calendar days to make necessary regulatory adjustments.

· The Congress of the Union will have 60 calendar days to amend the Federal Labor Law.

· The STPS and the Ministry of Economy (SE) should carry out a pilot program to reduce working hours that lasts one year, prioritizing activities that require physical or mental effort, and that involve a special risk to the health of workers.

· The STPS must collect information, data and statistics on the companies and workers that are part of the pilot program regarding productivity and hours worked.

· At the end of the pilot program, the Labor Authority will have one year to convene working groups between workers and employers, with the objective of agreeing on the progressive implementation of the new day.

· The STPS and the SE must create a catalog of activities that may be excluded from the new day for technical reasons, or for cases of force majeure.

· The Ministry of Finance and Public Credit must establish, in the immediate next draft expenditure budget, a system of compensatory subsidies to companies that may be financially committed to reducing working hours, specifically in relation to MSMEs[1].

With the deadlines established above, it is intended that the reduction of working hours is bearable for companies, since the graduality to implement it was one of the great demands of the private sector during the open parliament forums that were held to analyze the first proposal that was presented, as well as the experience they have had in neighboring countries, such as Chile and Colombia.

Finally, it is extremely important to keep in mind that the reduction of the working day does not imply a reduction in the salary of workers, and that it is not yet official.

Hoping that this information will be useful, we are at your disposal for any questions or clarifications in this regard.

[1] Micro, small and medium-sized companies.

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