On February 20, the Mexican Senate unanimously approved the so-called “Ley Silla”, an amendment to five articles of the Federal Labor Law that recognizes the right of workers to take breaks in seats with backrests during their workday.
This reform, aimed mainly at the service, commerce and similar work center sectors, is intended to guarantee the well-being of employees and prevent health risks associated with standing for long periods of time.
The “Ley Silla” prohibits employer’s from forcing their workers to remain standing during their entire shift, establishing the employer’s obligation to provide seats with backrests for employees to rest during their working hours. This provision will be applicable in the rest of the industries as long as the nature of the work allows it.
The justification for this reform is based on clinical evidence suggesting that working standing during the entire workday can cause health problems, including fatigue, venous insufficiency, tendinitis, varicose veins, knee injuries, muscle pain, hemorrhoids, lumbago and plantar fasciitis.
The approval in the Senate represents the first step for the entry into force of these amendments to the Federal Labor Law, for which the Chamber of Deputies must review and ratify in order for the provisions to become mandatory for companies within 180 days after their publication in the Official Gazette of the Federation.
Currently, the Federal Labor Law establishes as an employer’s obligation to maintain a sufficient number of seats or chairs available to employees, but there is no direct link to rest or a prohibition that prevents companies from forcing people to work standing up during their entire working hours.
Failure to comply with the obligation to provide seats with backrests could result in fines ranging from 27,142 to 542,850 pesos. Likewise, the fine for forcing employees to stand for the entire working hours could range from 5,428 to 542,850 pesos.
In conclusion, companies should be prepared to comply with the provisions of the “Ley Silla”, guaranteeing the right of workers to rest during their working hours and avoiding possible penalties for non-compliance, so the labor team of Vega, Guerrero y Asociados will be informing the progress of such law.
