[Mexico] New regulatory update to ‘Ley Silla’ labour legislation

In Mexico, recent amendments to Federal Labor Law (LFT) have been enacted that may impact operations in the country, particularly for employers in the supermarket, retail or related sectors. The changes - known as the "Ley Silla" or “chair law” - introduce new obligations for employers to provide seating with backrests for their employees, Duane Morris reports.

The amendments’ primary objective is to improve worker health and productivity by addressing the negative health effects of prolonged standing. 

The legislation reportedly aims to create a more comfortable and efficient work environment by ensuring employees can access appropriate seating.

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. Under the changes, requirements must also be reflected in the internal work policies of industrial establishments, which means revisiting and updating employment manuals.

The new requirements will become mandatory 180 days after publication in the Diario Oficial (pending Senate approval). Noncompliance could lead to significant legal challenges and severe penalties. Duane Morris cautions employers to be aware of the potential risks associated with noncompliance and take proactive steps to ensure they meet the new standards.

The legislation reportedly includes terms such "adequate facilities," which could be open to interpretation. Such ambiguity could result in legal disputes or even extortion attempts. Duane Morris recommends 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.

Source: Duane Morris

In Mexico, recent amendments to Federal Labor Law (LFT) have been enacted that may impact operations in the country, particularly for employers in the supermarket, retail or related sectors. The changes - known as the "Ley Silla" or “chair law” - introduce new obligations for employers to provide seating with backrests for their employees, Duane Morris reports.

The amendments’ primary objective is to improve worker health and productivity by addressing the negative health effects of prolonged standing. 

The legislation reportedly aims to create a more comfortable and efficient work environment by ensuring employees can access appropriate seating.

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. Under the changes, requirements must also be reflected in the internal work policies of industrial establishments, which means revisiting and updating employment manuals.

The new requirements will become mandatory 180 days after publication in the Diario Oficial (pending Senate approval). Noncompliance could lead to significant legal challenges and severe penalties. Duane Morris cautions employers to be aware of the potential risks associated with noncompliance and take proactive steps to ensure they meet the new standards.

The legislation reportedly includes terms such "adequate facilities," which could be open to interpretation. Such ambiguity could result in legal disputes or even extortion attempts. Duane Morris recommends 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.

Source: Duane Morris