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The Chair Law: A Change to Protect Workers’ Health
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Mexico's Federal Labor Law (LFT) recognizes a fundamental right for workers: the ability to rest in a chair with a backrest during their workday. This reform was approved on December 4, 2024, concluding its legislative process. It now awaits publication in the Official Gazette of the Federation (DOF) to take effect. However, the implementation of this law will not be immediate, as it includes a transition period to allow companies to adapt to the new provisions.
Key Features of the Chair Law
The reform states that employers cannot require workers to remain standing throughout their entire workday, a practice that, according to research, can severely impact workers’ health. The law aims to prevent illnesses related to prolonged standing, such as circulatory problems, musculoskeletal disorders, and fatigue.
In addition to recognizing the right to rest, the reform also includes the following key provisions:
- Transition Period: The law will not take effect immediately but will allow a 180-day period from its publication in the DOF. This timeframe will enable companies to adapt to the new regulations and acquire suitable chairs for their workers.
- Supplementary Regulations: The Ministry of Labor and Social Welfare (STPS) will have 30 days to issue regulations on work-related risk factors associated with prolonged standing.
- Internal Adjustments: Companies will have an additional 180 days to adjust their internal regulations, including the provision of chairs with backrests and other related measures.
Sectors Affected by the Chair Law
The reform primarily impacts workplaces in the commerce, services, and similar industries, while industrial activities will only be subject to this law if the nature of the work permits it:
- Restaurant and Food Sector: Waitstaff, cooks, and service personnel standing for long periods.
- Healthcare Sector: Medical staff, nurses, and cleaning personnel working in hospitals and clinics.
- Education Sector: Teachers and administrative staff standing for long periods.
- Retail and Wholesale Commerce: Salespeople, warehouse personnel, and workers in self-service stores.
- Logistics and Transportation Sector: Workers in warehouses, distribution centers, and logistics personnel performing standing activities.
Other Sectors: Any other industry where workers must stand for long periods, such as cleaning and security.
It is important to note that labor laws in Mexico previously required companies to provide seats to workers, but these were not tied to designated rest periods during the workday and were considered merely tools for performing tasks.
Occupational Health and Penalties
The Chair Law's primary objective is to protect workers' health. Scientific evidence supports the need for rest periods for those who must work standing. Various studies have shown that prolonged standing can cause a range of physical and mental health problems, including poor blood circulation, fatigue, muscle pain, joint and foot issues, and potential psychological effects from stress and discomfort.
Facts:
- 2024 UMA: $103.74 MXN per day.
- Noncompliance Penalty: 250 to 2,500 times the UMA.
Examples of penalties (using minimum and maximum ranges):
1. Minimum penalty (250 times the UMA):
- 250 x $103.74 = $25,935.00 MXN.
2. Maximum penalty (2,500 times the UMA):
- 2,500 x $103.74 = $259,350.00 MXN.
Research published in Gait and Posture highlights that the “safe exposure limit” for standing upright is 40 continuous minutes. Beyond this point, workers begin to develop lumbar symptoms and other discomforts.
Additionally, studies by the OCC employment platform reveal that 45% of workers who stand during their workday receive no support or preventive measures from their employers. This data underscores the urgent need for the Chair Law, as 35% of workers in this situation stand for more than eight hours daily, while 47% stand between four and eight hours, significantly increasing the risk of musculoskeletal conditions.
International Experiences: What Happens in Other Countries?
Although the Chair Law is new to Mexico, it is not a global novelty. Countries such as Spain, Chile, and Argentina have implemented similar regulations since the 20th century. In these nations, labor ergonomics laws and the need for suitable seating for workers are considered essential for occupational health.
For instance, Spanish labor legislation establishes that workers must have the option to rest seated if their job requires it, especially in customer service positions. Similarly, Chilean regulations include measures to prevent prolonged standing by requiring companies to provide adequate seating and promote periodic breaks.
Conclusion
The Chair Law represents a significant advancement in protecting workers' health in Mexico, aligning with international best practices in workplace ergonomics. The reform seeks to prevent long-term health problems and improve working conditions for those who spend extended periods standing.
Companies must adapt to this new regulation, which will not only enhance workers' quality of life but also contribute to productivity and overall workplace well-being. It is essential for businesses to adhere to the reform's established timelines to comply with legal requirements and protect their staff's health, fostering a fairer and healthier work environment.