Introduction
The recently enacted Silla Law, a reform to the Federal Labor Law in Mexico, mandates that workers cannot be forced to stand for their entire workday and requires employers in sectors like commerce, services, and restaurants to provide seating with backrests. This new legislation has started transforming the labor culture within Mexico’s hospitality industry.
Background on the Silla Law
On June 17, the reformed articles of the Federal Labor Law, known as the Silla Law, came into effect. This law stipulates that no worker can be compelled to remain standing throughout their workday, and employers must provide seating with backrests for workers in sectors such as commerce, services, and restaurants. The regulation also mandates the existence of adequate rest areas for these moments, separate from meal times.
Implementation in the Hospitality Industry
Bistronomie from El Economista interviewed ten workers in various types of restaurants across Mexico City to understand how this measure is being implemented in one of the most demanding sectors—hospitality. The workers included those from fondas, taquerias, cafeterias, luxury restaurants, and international burger joints.
Positive Impact Across Different Restaurant Types
Despite the fact that breaks may not always align with peak hours, all interviewees celebrated the new law. They emphasized that having a chair available, even if only occasionally, significantly improves their end-of-day experience.
- Cafeteria Worker: “After 8 hours of standing, a chair feels like medicine,” says Karina, a server at a chain cafeteria in the Roma neighborhood.
- Luxury Restaurant Cooks: “I’ve been in the kitchen for 18 years. Previously, you’d get used to back pain. Now, even if it’s just for a few minutes, you can sit to peel potatoes, chop vegetables, or just stretch your legs. It’s priceless,” shares Ernesto, a cook at a high-end restaurant open from 8 AM to 11 PM.
Informal Establishments: Taquerias and Fondas
Although the law applies to all establishments, its implementation has been more relaxed in taquerias and fondas. Workers acknowledged that when there’s no clientele, they often sit without being reprimanded.
“We don’t have strict rules, but we do have our chairs for snacking on vegetables or waiting for customers. We’re not standing all day, but we also don’t rest at specific times,” explained María, an assistant at a Centro-based fonda.
Respecting the New Legal Framework
Interviewed workers affirmed that companies and management are respecting the new legal framework. They noted that during peak hours—like between 1 and 4 PM or on weekend dinner services—workers may not be able to sit, but they don’t feel their right to rest is being denied later.
Consequences of Non-Compliance
The decreto, published in the Diario Oficial de la Federación on December 18, 2024, obliges employers to modify their internal work regulations and install appropriate furniture. Failure to comply can result in financial penalties from the Secretaría del Trabajo y Previsión Social (STPS) and worker denunciations.
The STPS is also expected to issue specific technical standards related to risks associated with this provision. Although inspections have not yet become widespread, it is anticipated that starting in the second half of the year, verification processes will commence in sectors with high labor standing demands.
Beyond Legal Compliance: A Step Towards Dignity
Beyond mere legal compliance, many workers view this change as a reclamation of their labor value. It’s not just about sitting but recognizing that their bodies and well-being matter.