On May 21, 2026, a bill was introduced before the Mexican Chamber of Deputies seeking to amend the Federal Labor Law (Ley Federal del Trabajo – FLL) to recognize as effective working time activities performed outside regular working hours through electronic or digital means, including information and communication technologies (ICTs).
What Does the Proposal Seek to Change?
Currently, the FLL defines working time as the period during which an employee is available to the employer at the workplace where services are rendered.
The proposed amendment would broaden this concept to include work-related activities carried out outside regular working hours through digital tools and technological means, such as:
- Emails;
- Instant messaging communications;
- Telephone calls;
- Work platforms and applications; and
- Other technological means connected to the employee’s job duties.
The initiative also formally incorporates the concept of digital disconnection, understood as the right of employees not to respond to work-related communications outside their working schedule.
Key Proposed Amendments
The bill proposes adding the following provisions to Article 6 of the FLL:
- The right to digital disconnection outside working hours;
- Recognition as effective working time of activities performed through technological devices or digital means outside ordinary working hours.
Rationale Behind the Initiative
According to the sponsor of the bill, technological developments have created a state of permanent connectivity between employers and employees, blurring the boundaries between personal and professional life.
The initiative further notes that, although recent legislative reforms have addressed employees’ right to digital rest and disconnection, Mexican labor legislation still does not expressly recognize the time spent performing work-related activities outside working hours through electronic means.
If enacted, the reform would expand the concept of effective working time to include activities performed outside the workday through emails, instant messages, telephone calls, videoconferences, and other digital communication tools.
The proposal also builds upon the digital disconnection reform previously approved by the Chamber of Deputies, which incorporated into the FLL:
- Employees’ right to refrain from participating in work-related communications outside their working hours; and
- Employers’ obligation to respect such right and implement internal digital disconnection policies.
Potential Implications for Employers
Should the proposed amendment be enacted, employers may face:
- Increased exposure to overtime claims and related labor disputes;
- The need to implement clear and effective digital disconnection policies;
- Adjustments to after-hours communication, supervision, and management practices; and
- A review of practices involving permanent employee availability and the use of corporate devices.
The initiative reflects a growing legislative trend aimed at strengthening the protection of employees’ rest periods and limiting workplace hyperconnectivity resulting from the widespread use of digital tools.
While the proposal seeks to promote work-life balance and safeguard employees’ physical and mental well-being, its eventual approval could present significant compliance and operational challenges for employers.
Current Status
The bill has been referred to the relevant congressional committees for legislative review and discussion. It has not yet been approved.
Contact
Gerardo Valencia
gvalencia@cuestacampos.com
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