Introduction to the Proposed Amendments
Just over two months after the enactment of Mexico’s Ley Silla, a proposal has been introduced to modify the new regulation. This initiative aims to allow for the use of benches instead of chairs and establish a minimum time standard for rest periods. The proposal comes from Diputado José Guillermo Anaya Llamas (PAN) to provide employers with more options for compliance and eliminate legal ambiguities.
Current Legal Ambiguities
Anaya Llamas emphasizes the need for precision to avoid legal ambiguities, which could force employers to implement rest schemes without adequate infrastructure or technical support. The proposal seeks to amend Article 132 of the Federal Labor Law (FLL) to give employers the option of providing benches instead of chairs for workers’ periodic rest periods.
Minimum Rest Time Proposal
The proposal also suggests that rest periods should be at least 5 minutes for every hour a worker stands. This translates to approximately 40 minutes of rest per day in an 8-hour workday. Currently, the Secretaría del Trabajo y Previsión Social (STPS) has issued guidelines for Ley Silla implementation but did not set a minimum rest time, leaving it up to employers’ discretion.
Business Concerns and Lack of Clarity
Organizations like Concanaco Servytur have expressed concern over the lack of clarity in Ley Silla implementation, particularly regarding rest times. They argue that the STPS guidelines lack essential technical aspects about active breaks, leading to potential arbitrary interpretations.
Understanding the Ley Silla
What is the Ley Silla?
Despite its name, the Ley Silla is a reform to the Federal Labor Law (FLL) aimed at ensuring workers’ rest on the job with proper seating and preventing risks associated with prolonged standing. The original FLL required employers to provide enough chairs for workers, but it was more focused on seating as a work tool rather than for periodic rest.
Where does the chair go?
According to STPS rules, workplaces can place chairs near where tasks are performed or in a designated area for rest. Although the FLL previously mandated sufficient chairs for workers, it did not specifically address periodic rest periods.
Mexico’s Previous Standing
Compared to similar economies like Chile, Argentina, and Uruguay, Mexico had significant lag in regulating workplace rest, with these countries having rules since the early 20th century.
Key Questions and Answers
- What is the proposed change? The proposal aims to modify Article 132 of the Federal Labor Law, allowing employers to provide benches instead of chairs for workers’ rest periods and establishing a minimum 5-minute rest for every hour worked.
- Why is this change necessary? To eliminate legal ambiguities and provide employers with more options for compliance, ensuring workers have adequate rest periods.
- What is the proposed minimum rest time? The proposal suggests a minimum of 5 minutes of rest for every hour worked, totaling approximately 40 minutes per day in an 8-hour workday.
- Why are businesses concerned? There is a lack of clarity in Ley Silla implementation, particularly regarding rest times. Businesses worry about potential arbitrary interpretations of the guidelines issued by STPS.
- What is the Ley Silla? The Ley Silla is a reform to the Federal Labor Law that aims to ensure workers’ rest with proper seating and prevent risks associated with prolonged standing.
- Where should chairs be placed? STPS guidelines allow workplaces to place chairs near where tasks are performed or in a designated rest area.
- Why was the Ley Silla necessary for Mexico? Mexico had significant lag compared to similar economies like Chile, Argentina, and Uruguay in regulating workplace rest periods.
