Overtime in Mexico is not time-and-a-half. Under the reform published in the federal gazette (DOF) on May 1, 2026, the first 9 extra hours of the week pay double and up to 4 more pay triple. On a $12,000 MXN monthly salary, 12 extra hours in a week are worth $1,350 MXN.
Checked against the current Ley Federal del Trabajo (LFT) and DOF decree 01-05-2026 on October 15, 2026. All figures in Mexican pesos.
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The 2026 rule in one table
| Extra hours per week | Pay |
|---|---|
| 1 to 9 | Double (200% of the ordinary hour) |
| 10 to 13 | Triple (300%) |
| More than 13 | Outside the law: no enforceable rate |
The lawful cap is 13 extra hours a week. The ordinary workweek is still 48 hours in 2026; the cut to 40 phases in through 2030 (46 in 2027, 44 in 2028, 42 in 2029). And the cut can never lower pay: the decree's seventh transitory article protects wages.
How your extra hour is priced
Two steps: daily wage, then the ordinary hour for your shift (LFT arts. 61 and 89).
Hour = (Monthly salary ÷ 30) ÷ shift hours
| Shift | Daily hours |
|---|---|
| Day (6:00–20:00) | 8 |
| Night (20:00–6:00) | 7 |
| Mixed | 7.5 |
Pay = min(extras, 9) × hour × 2 + min(max(extras − 9, 0), 4) × hour × 3
Example: $12,000 MXN a month, day shift:
- Daily wage: 12,000 ÷ 30 = $400; ordinary hour: 400 ÷ 8 = $50
- 12 extra hours: 9 × $100 = $900 at double + 3 × $150 = $450 at triple
- Total: $1,350
| Extras | Math | Total |
|---|---|---|
| 5 | 5 × $100 double | $500 |
| 12 | $900 + 3 × $150 | $1,350 |
| 13 | $900 + 4 × $150 | $1,500 |
The limits almost nobody follows
The reform also controls distribution: overtime can run up to 4 hours a day, at most 4 days a week (LFT art. 66), and the ordinary + extra day together can never exceed 12 hours (art. 68). Five extra hours in a single day breaks the daily limit even if the weekly total stays under the cap.
Common overtime mistakes
- Paying "time-and-a-half" US-style: Mexico has no 50% overtime premium; it is double or triple.
- Ignoring the minutes: fractions are worked time too. Log clock-in and clock-out every day: fifteen minutes a day is 1.25 extra hours a week you are owed.
- "Comping" with time off by handshake: swapping overtime for rest only works in the cases and terms the statute sets; pay is not optional.
- Mixing up premiums: working your weekly rest day pays triple (art. 73); working Sunday inside your normal shift carries a 25% Sunday premium (art. 71). Different math from overtime.
- Thinking overtime is ISR-free: it is not. Inside the legal caps there is a partial income-tax exemption (LISR art. 93-I): full if you earn the general minimum wage, 50% if you earn more, capped at 5 minimum wages a week. The rest joins your salary.
If they do not pay you
Keep records: time clock, chats, schedules, witnesses. You have one year to claim worked overtime. PROFEDET (the federal labor defense office) advises for free, and the conciliation boards decide without requiring you to hire a lawyer.
Frequently asked questions
Is the ninth hour paid double or triple?
Double: it completes the 9-hour weekly double-rate pool. Triple starts at hour 10 of the same week (or when you exceed 4 hours in one day).
Does overtime pay ISR income tax?
Yes. Inside LFT caps there is a partial exemption (LISR art. 93-I): 100% if you earn the general minimum wage, 50% if you earn more, capped at 5 minimum wages a week. The excess joins your salary and is taxed normally. Confirm the withholding on your pay stub or with an accountant.
Can I refuse overtime?
Overtime is voluntary in principle: the statute allows it, it does not impose it, and the hard caps apply (4 a day, 4 days a week, 13 a week, 12 total hours a day). Demanding more than the cap violates the LFT.
What if I work more than 13 extra hours in a week?
The statute sets no rate for those hours: they sit outside the cap and your employer cannot demand them. Do not accept them paid "straight" or banked for later; claim with your records at PROFEDET.
Does the 40-hour week already apply in 2026?
No. In 2026 the ordinary week is 48 hours, stepping down gradually: 46 in 2027, 44 in 2028, 42 in 2029, 40 in 2030. What did change on May 1, 2026 are the overtime caps (9 at double + 4 at triple). Your pay cannot fall because of the cut.
Can overtime be paid with time off instead of money?
Only in the cases and terms the statute sets. The general rule is premium pay (double or triple depending on the hour); compensatory rest does not replace pay by verbal agreement or company policy.
Educational content under the LFT in force in 2026 (checked October 15, 2026). Not labor or tax advice; it excludes withholding math, the Sunday premium and rest-day premiums. Special shifts or a live dispute: see PROFEDET or a labor lawyer.
Sources
- Ley Federal del Trabajo, articles 61, 66, 67, 68 and 89 (PDF, Cámara de Diputados)
- Workday-reduction decree, DOF 01-05-2026 (code 5786537)
- LISR art. 93-I — overtime exemption (SAT)
- PROFEDET — Secretaría del Trabajo y Previsión Social
Next: overtime calculator, Sunday premium, worked rest day, aguinaldo, finiquito and holiday pay.