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Many people end up working after hours and never know exactly how much they should be paid for it. If that’s you, here’s the reality: according to Profedet, you have the right to receive payment for those extra hours you work, and the law is quite clear on how overtime is paid.
First, let’s clarify what overtime is. Basically, it’s the time you work beyond your established work schedule in your contract. The Federal Labor Law defines the workday as the time you are at the employer’s disposal, with limits and terms agreed upon in the contract.
Now, regarding how overtime is paid in Mexico, there are three clear scenarios. The first 9 hours of overtime per week are paid at double the regular rate. If your normal hourly rate is 50 pesos, those overtime hours are paid at 100 pesos each. This applies for each day you exceed your scheduled hours.
If you work more than those 9 hours per week, then the rate changes: they are paid at triple. That is, if you earn 50 pesos per hour, the overtime pay increases to 150 pesos per hour. There’s also a third case: if there’s a risk of incident at the company and the workday is extended to prevent damage, these same criteria apply.
Now, what do you do if your company doesn’t pay you? You have up to one year to claim that money. The recommendation is to go to a Profedet office. Bring your official ID, the company’s address, your pay stubs, and any documents that support your case. The staff will guide you on your rights and how to proceed.
In any case, things could change soon. There is a labor reform in progress that aims to reduce the workweek to 40 hours. The idea is to do this gradually, decreasing two hours per year starting in 2027 until reaching 40 hours in 2030. Overtime would remain voluntary and be paid at double or triple, as long as it’s not part of the regular workday. This year, the reform will be discussed, so stay alert for any changes that may come to the Mexican labor market.