The Congress of Baja California Sur has approved a constitutional reform establishing a 40-hour workweek, with a gradual reduction from the current 48 hours between 2026 and 2030. The measure guarantees no decrease in salaries, wages or benefits.
In an extraordinary session, state lawmakers endorsed the opinion issued by the Commission of Constitutional Points and Justice, approving the draft decree that amends Article 123, Section A, of the Mexican Constitution to reduce the legal workweek.
The initiative was presented by President Claudia Sheinbaum and frames the 40-hour workweek as a central component of federal labor policy aimed at improving conditions for workers nationwide.
Under the reform, the reduction in working hours will be phased in over four years, with full protection of employee compensation and benefits. The measure also reaffirms that for every six days worked, employees are entitled to at least one full day of paid rest.
The decree outlines new overtime provisions. In exceptional circumstances requiring additional hours, overtime must be paid at 100 percent above the regular hourly wage. Overtime is capped at 12 hours per week, limited to up to four hours per day across a maximum of four days. If those limits are exceeded, employers must pay an additional 200 percent above the regular hourly wage, as established by law. Workers under 18 are prohibited from performing overtime.
The reform, approved unanimously, builds on previous amendments to Article 123, which have strengthened protections for vulnerable sectors, banned child labor, regulated working hours, established mandatory rest days, and guaranteed maternity and breastfeeding leave, as well as minimum wages.
With the vote, Baja California Sur becomes the 11th state to approve the reform following its endorsement by the president and the federal Congress. At least 17 state legislatures must ratify the amendment for it to be formally enacted. The states that have already approved the measure are Oaxaca, Tabasco, Sonora, Puebla, the State of Mexico, Hidalgo, Veracruz, Zacatecas, San Luis Potosí, Yucatán and now Baja California Sur.
During debate, Representatives Arlene Moreno and Karina Olivas of the Labor Party (PT), along with Fabrizio del Castillo Miranda of the Institutional Revolutionary Party (PRI), spoke in favor of the measure, citing its potential to improve the quality of life for families in the state.