Mexican lawmakers have taken a bold step by classifying excessive working hours as labor exploitation, introducing harsh penalties including prison time and substantial fines for employers who violate legal work hour limits.
Under the newly enacted reform to Mexico's human trafficking law, companies forcing employees to work beyond the standard 8-hour workday could face 3 to 10 years imprisonment and fines ranging from 5,000 to 15,000 days of salary.
The penalties become even more severe when violations involve indigenous or Afro-Mexican workers, with prison terms extending up to 12 years and fines reaching 70,000 days of wages.
"The reform emphasizes strict compliance with maximum working hours established in the Federal Labor Law," explains Mario Cesar Nuñez, partner at Englobally Mexico. He notes that any overtime must now be properly documented with written employee consent and compensated at 200% of regular wages.
This legislative change expands the previous definition of labor exploitation, which only covered dangerous working conditions, disproportionate workloads, and below-minimum-wage payments. The Ministry of Labor and Social Welfare reports that excessive working hours and unpaid overtime are the most common violations found during workplace inspections.
The new law applies to all workers, including those in trust positions and jobs, and requires employers to maintain detailed documentation of working hours. Legal experts advise companies to promptly review and adjust their labor practices to avoid severe consequences under the reformed legislation.
This groundbreaking reform positions Mexico among countries taking strong measures against worker exploitation, marking a new era in labor rights protection and workplace regulation enforcement.