The reform amends Sections IV and XI of Article 123, Section A, of the Constitution, which regulate the duration of the workday and the overtime regime, respectively. The new framework establishes a progressive reduction of the maximum weekly working hours, maintaining a 48-hour workweek in 2026 and gradually reducing it to 46 hours in 2027, 44 hours in 2028, 42 hours in 2029, and ultimately 40 hours by 2030. The reform also introduces a constitutional framework for overtime compensation — providing double pay for the first block of up to 12 overtime hours per week and triple pay for any excess hours — and prohibits overtime work for individuals under 18 years of age.
Although the operational details will be defined through amendments to the Federal Labor Law within 90 days following the publication of the decree, the reform already produces immediate legal effects, including the absolute prohibition on reducing salaries or benefits as a result of the reduction of working hours. In this context, companies should begin assessing the adjustments required in their labor policies, employment agreements, and attendance control systems.
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