The primary objective of these amendments is to improve worker health and productivity by addressing the negative health effects of prolonged standing.
Recent amendments to Mexico's Federal Labor Law (LFT) have been enacted that may impact operations in Mexico, particularly for employers in the supermarket, retail or related sectors. These changes, informally referred to as the "Ley Silla" or “chair law,” introduce new obligations for employers to provide seating with backrests for their employees.
Why Is This Important?
The primary objective of these amendments is to improve worker health and productivity by addressing the negative health effects of prolonged standing. By ensuring that employees have access to appropriate seating, the legislation aims to create a more comfortable and efficient work environment. Specifically, the reform modifies Articles 132, 133 and 423 of the LFT, requiring employers in service and commerce sectors to provide employees with seating with backrests where the nature of the work permits it. These requirements must also be reflected in the internal work policies of industrial establishments, which means revisiting and updating employment manuals.
Implementation Timeline and Penalties
The new requirements will become mandatory 180 days after their publication in the Diario Oficial (currently pending Senate approval). Noncompliance could lead to significant legal challenges and severe penalties. Employers should be mindful of the potential risks associated with noncompliance and take proactive steps to ensure they meet the new standards.
Challenges and Recommendations
The legislation includes terms like "adequate facilities," which may be open to interpretation. This ambiguity could result in legal disputes or even extortion attempts. We recommend that companies conduct a thorough assessment of their compliance obligations, determine the specific seating needs of their employees, and implement clear administrative policies to ensure adherence to the new regulations.
About Duane Morris
Attorneys in Duane Morris’ Mexico Business Group and International Practice Group have considerable subject matter experience on matters involving operations in Mexico and international trade issues. Such work includes setting up companies in Mexico, purchasing land for manufacturing facilities, monitoring the constantly evolving enforcement changes to merchandise classification, advising clients on pertinent duty mitigating strategies, performing risk assessments and assisting clients in developing and implementing cost-effective compliance policies and taking remedial actions when necessary.
For More Information
If you have any questions about this Alert, please contact Eduardo Ramos-Gómez, Hernan Gonzalez Moneta, Raul Rangel Miguel, Liliana Menzie, any of the attorneys in our Mexico Business Group, any of the attorneys in our International Practice Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.