Navigating Overtime in Mexico: A Guide for Employers and Employees in 2025

As of 2025, Mexico's regulations on overtime remain stringent, emphasizing worker protection and imposing significant penalties on employers for non-compliance. Understanding the intricacies of the Federal Labor Law is crucial for both those employing workers and those being employed in the country.

Standard Workweek and the Definition of Overtime

Before calculating overtime, it's essential to understand the standard legal work week in Mexico, which varies depending on the shift:

• Day Shift: The standard workweek is 48 hours, typically spread over six days, with a maximum of eight hours per day.

• Night Shift: The workweek is capped at 42 hours, with a maximum of seven hours per night.

• Mixed Shift: This shift, which includes periods of both day and night work, has a maximum of 45 hours per week, with a daily limit of seven and a half hours.

Any time worked beyond these established daily or weekly limits is considered overtime.

The Overtime Pay Structure: A Two-Tier System

Mexican labor law establishes a clear, two-tiered system for compensating overtime hours:

• Double Time: The first nine hours of overtime worked in a week must be paid at 200% of the employee's regular hourly wage. This is a crucial threshold for employers to monitor.
  
  

• Triple Time: Any hours worked beyond the initial nine overtime hours in a single week must be compensated at 300% of the regular hourly wage.

It's important to note that the law restricts overtime to a maximum of three hours per day and no more than three times per week. While the law mandates triple pay for hours exceeding this limit, compelling an employee to work beyond nine overtime hours in a week can still be considered a violation by labor authorities.

Strict Penalties for Non-Compliance

Mexican authorities take overtime violations very seriously. Employers who fail to comply with the overtime regulations face substantial consequences, which can include:

• Heavy Fines: Fines can range from 50 to 5,000 times the (UMA), a daily reference value set by the government.

• Imprisonment: In severe cases, particularly those deemed to be exploitation, employers can face imprisonment.

Proposed Work Week Reduction

It is also noteworthy that discussions are ongoing in the Mexican legislature regarding a potential reduction of the standard workweek from 48 to 40 hours. While not yet law as of early 2025, this proposed change signifies a continued focus on worker welfare and could impact future overtime calculations if enacted. Employers and employees alike should stay informed about the progress of this legislation.

In conclusion, the framework for overtime in Mexico in 2025 is designed to discourage excessive working hours and ensure fair compensation for employees who do work extra time. Adherence to the regulations on standard workweeks, the tiered payment system for overtime, and awareness of the severe penalties for non-compliance are paramount for any business operating in Mexico.

In Conclusion

This is why foreign companies choose Human Resources Mexico as their PEO in Mexico. HRM is the employer in Mexico and handles all employment related matters and compliance. HRM is The Most Trusted Employer in Mexico.