Key Points of the Silla Law Enforcement
Cointa Lagunes, the director of Occupational Safety and Health Labor Standards at Mexico’s Secretariat of Labor and Social Prevision (STPS), clarified that the first part of the Silla Law took effect on June 17, requiring companies to provide seating and backrests for workers. The December 14 deadline for businesses is solely to adjust their internal regulations in accordance with the Silla Law.
What the Silla Law Entails
The Silla Law is a reform to the Federal Labor Law (FLL) that acknowledges workers’ right to rest on a chair with a backrest during their workday. While the FLL previously mandated employers to provide enough seating for workers, this obligation was not specifically linked to rest; it served as a work tool instead.
With the Silla Law’s implementation, employers are now prohibited from denying rest to workers and forcing them to stand for the entire workday.
STPS Clarifications and Guidance
During the First National Encounter of Work Commissions in Local Congresses, Cointa Lagunes addressed common concerns regarding the Silla Law implementation. She emphasized that although there might be uncertainty about the number of seats to provide or rest periods, these aspects are not subject to verification since they fall under workplace analysis.
What can be verified, she reiterated, is the availability of seating for workers’ rest. The labor authority can schedule workplace visits to ensure that workers engaged in bipedal activities have access to a chair with a backrest, either at their workplace or another designated location within the workplace. Additionally, authorities will verify that workers are not prohibited from taking breaks as stipulated by the law.
STPS Developing an Information Guide on the Silla Law
To address these concerns, the Secretariat of Labor and Social Prevision is preparing an Information Guide on the Silla Law. This resource aims to guide employers in applying the new regulations, focusing on workplace safety and health.
The guide will include a simple risk semaphore (low, medium, or high) for standing workers, enabling workplaces to determine the appropriate type of chair with a backrest to offer. The guide will not be mandatory but will significantly aid in implementing the law’s requirements.
Who is Affected by the Silla Law?
The Silla Law applies to all workers, regardless of their occupation. A common misconception is that certain job types do not fall under the law’s scope due to their nature. However, Cointa Lagunes clarified that the job nature only defines where the seating should be located; the law still applies universally.
She further explained that even if an employer believes their job nature does not permit seating, they must still provide a nearby rest area. This applies to industrial establishments where placing a chair in the usual workplace might not be feasible.
Key Questions and Answers
- What does the Silla Law require? The law mandates employers to provide seating with a backrest for workers’ rest during their workday, ensuring that no worker is forced to stand for the entire shift.
- When did the Silla Law take effect? The first part of the law took effect on June 17, requiring companies to have seating and backrests available for workers.
- What is the December 14 deadline for? This deadline allows businesses to adjust their internal regulations in line with the Silla Law.
- Can employers deny rest to workers? No, the Silla Law prohibits employers from denying rest to workers and forcing them to stand for the entire workday.
- What is the purpose of the STPS Information Guide? The guide aims to assist employers in understanding and implementing the new regulations related to workplace safety and health.
- Does the Silla Law apply to all workers, regardless of their job nature? Yes, the law applies universally to all workers, with job nature only determining the seating location.
