Mexico’s Federal Labor Law guarantees workers a minimum 30-minute meal break and states that if employees are not allowed to leave the workplace during that time, the break must be counted and paid as working time. While Mexican law recognizes the right to eat during the workday, many workers are still unaware of the specific protections in place.
During long shifts in offices, factories and other workplaces, employees often ask whether an employer can prohibit them from eating while on duty. The answer is no. This right is protected under federal law.
According to the Federal Labor Law, workers are entitled to a rest period during a continuous shift to eat or recover. Article 63 states that employees must receive at least a 30-minute break during a continuous workday. The time may be used for meals or physical and mental rest. The rule applies to all workers in Mexico, regardless of industry or job duties.
Article 64 further provides that if employees must remain at the workplace during their meal or rest break, that period must be treated as active working time and compensated accordingly. In practical terms, if an employer does not allow workers to leave the premises, the break becomes paid time.
The provision is designed to protect workers whose duties require them to remain on-site during designated break periods. It applies across both the public and private sectors and forms part of Title Three, “Conditions of Work,” of the Federal Labor Law, which governs working hours and rest periods.
These rights cannot be overridden by company policies, internal regulations or employment contracts.
Employers who deny mandatory breaks may be in violation of federal labor law and could face penalties. Mexico’s Ministry of Labor and Social Welfare (STPS) may impose fines ranging from 50 to 5,000 times the UMA (Unit of Measurement and Update) for each affected worker.
As of June 2024, severe cases involving excessive working hours without legally required rest may be classified as labor exploitation, carrying possible prison sentences of three to 10 years for company managers. Repeat violations can also lead authorities to suspend operations temporarily or shut down a business.
Workers may file complaints with PROFEDET, Mexico’s labor defense agency, or with the STPS labor inspection office. If an employer repeatedly violates these rights, an employee may have grounds to resign for just cause and seek full severance pay, including three months’ salary and a seniority premium.
Mexico’s labor laws provide strong protections for employees, particularly regarding rest periods and compensation during the workday.
