Mexico City, October 10 2024
On October 2, 2024, the House of Representatives (Cámara de Diputados) approved the so-called “Chair Law” (in Spanish, known as “Ley Silla”), a bill that proposes to amend Section V of Article 132 of the Federal Labor Law.
It is important to mention that this is not a new proposal. Previous projects were presented, such as the one on September 2023 without significant progress. With a new congress dominated by the official political party, Congressman Ricardo Monreal, presented this “new” bill.
This amendment sets forth the obligation of employers to provide their employees with seats or chairs with backrests for the performance of their duties, or for taking periodic breaks during the workday in the areas designated for such purpose. In addition, the reform prohibits employers to require employees to remain standing during the entire workday or to prevent them from sitting while performing their duties.
This measure will have to be reflected in the companies’ Internal Work Regulations, which will have to specify the mandatory rest periods during the workday and the rules for the use of chairs or seats during their work shift.
Although this obligation was already foreseen in the Federal Labor Law, the new provisions focus on guaranteeing the employees’ “right to rest”, especially those who normally work all day standing, most commonly in the service and commerce sectors. The reform has no exceptions; therefore, we will have to monitor the interpretations of the Labor Ministry regarding its impact on industrial establishments.
The purpose of the reform is to improve the working conditions of those who must stand for long periods of time during their shift, as well as to protect their health and wellbeing, promoting safer workspaces that prevent occupational hazards and increase productivity.
In case of breach, penalties include fines ranging from 250 to 2,500 times the Measurement and Updating Unit (UMA), equivalent to approximately MXN $27,142.50 / USD $1,428.55 and MXN $271,425.00 / USD $14,285.52. In situations of recidivism, the Labor Ministry may carry out a labor inspection and, in case of detecting violations, may order the temporary suspension of the company’s activities.
This project reflects the ongoing efforts of legislators to promote changes in the law that prioritize human rights and eradicate practices such as excessive working hours, labor exploitation, harassment and discrimination. These issues are a priority not only in Mexico, but it is also a growing trend in other Latin American and European countries.
The bill has been sent to the Senate to continue the legislative process. If approved by the Senate, it will be published in the Official Gazette of the Federation, and employers will have 180 days from its publication to comply with the new obligations.
This note was prepared with the support of Gabriela Guadarrama García.
The labor and employment lawyers of Basham, Ringe y Correa, S.C., remain for any further comments or questions.
Sincerely,
Jorge G. de Presno Arizpe
David Puente Tostado
Luis Álvarez Cervantes
lalvarez@basham.com.mx
