The Ministry of Labor issues provisions on rest for employees in standing positions.

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July 17, 2025

The Ministry of Labor and Social Welfare (STPS) published today in the Federal Official Gazette the provisions aimed at guaranteeing the right to rest during the workday for employees who work standing. These measures, derived from the December 2024 amendment to the Federal Labor Law, known as the “Chair Law”, establish minimum technical requirements that employers must comply with in the services and commerce sectors and, where the nature of the work allows, in the industrial sector, with the aim of protecting the employees’ health.

The provisions are mandatory for all workplaces in the country that employ staff who work standing. Among the most relevant obligations are:

1. Provide enough chairs or seats with backrests for employees to use while performing their tasks or during periodic breaks throughout the workday.

2. It is prohibited to require employees to remain standing for the entire workday without the opportunity to sit.

3. Employers must conduct a risk level assessment for each employee who performs their work standing, using a scoring procedure based on seven factors:

a. continuous standing time,

b. ability to change posture,

c. type of surface,

d. footwear characteristics,

e. space available to move,

f. physical discomfort, and

g. existence of breaks.

The total score determines whether the risk level is low, medium, or high.

4. Based on this assessment, employers must provide the most suitable type of seat for each employee, which may include a high stool, a high-chair with mid-back support, an adjustable ergonomic chair, or a footrest, always meeting minimum ergonomic standards such as adjustable height, lumbar support, and stability.

5. Record the identified risks in the workplace’s Safety and Hygiene Commission verification reports. The report must meet specific requirements set forth in the provisions.

6. Communicate and implement the necessary measures to prevent occupational risks and refer employees for medical care when necessary.

In addition, the STPS recommends complementary measures, such as redesigning workstations to accommodate ergonomic chairs, alternating standing and seated tasks, providing ergonomic footwear, installing anti-fatigue floor surfaces, and establishing periodic active breaks throughout the workday, without detailing these further.

These provisions take effect today, July 17, 2025. Employers are encouraged to review their internal policies, assess standing workstations in accordance with the official risk table, and provide adequate seating to employees, thus ensuring their right to postural rest. These measures contribute to improving employees’ health, well-being, and productivity, while also providing legal certainty to employers regarding compliance with the Chair Law.

This note was prepared with the support of Ana Sofia Lazcano.

The attorneys of the Labor and Employment Practice at Basham, Ringe y Correa, S.C. remain at your service should you have any questions or comments.

Sincerely,

Jorge G. de Presno Arizpe

jorgedepresno@basham.com.mx

David Puente Tostado

dpuente@basham.com.mx

Luis Álvarez Cervantes

lalvarez@basham.com.mx