Introduction to Ley Silla and its Implications
On June 17, the Ley Silla came into effect, recognizing the right to rest during working hours. However, this new regulation has left several uncertainties regarding its application. Questions about the duration of breaks and the characteristics of seating arrangements have arisen, causing confusion among employers.
Heberardo González Garza’s Perspective
Heberardo González Garza, president of Coparmex Reynosa and a labor compliance law specialist, highlights the ambiguity in aspects such as break times and seating requirements. He emphasizes that the lack of clear guidelines makes it difficult to comply with these new provisions, despite the intention to implement changes.
Understanding Ley Silla and its Reforms
The Ley Silla is a reform to the Ley Federal del Trabajo (LFT) that not only acknowledges the right to breaks but also mandates employers to provide seating with backrest for periodic rest and prohibits rendering services in a vertical posture throughout the entire working day.
Marité Villanueva’s Insights
Marité Villanueva, a labor lawyer and HR advisor, agrees that there are specific doubts about the reform’s application. She stresses the importance of clarity, as the spirit of the change is to prevent occupational risks.
Challenges in Implementing Ley Silla
Both experts point out that determining break times seems straightforward, but operationally, it can imply redesigning processes in certain industries to avoid disruptions. Companies are concerned about how these changes will affect shift scheduling and their economic impact, including the type of seating to acquire or if a fixed space will be allocated in their facilities.
Timelines and Guidelines
Following its enactment, the labor reform granted a 30-day deadline for the Secretaría del Trabajo y Previsión Social (STPS) to issue compliance guidelines. This has led to concerns about investing in solutions without knowing the full details or if they will be functional once recommendations are issued.
Additional Plazo for Compliance
The Ley Silla also provided an 180-day period for companies to adjust their internal regulations to comply with the new disposition. Although the right to rest and the obligation to provide seating are now enforceable, they are not yet subject to penalties.
Diputada Patricia Mercado (MC), the reform’s author, clarified that although seating must be available in workplaces immediately, companies have until December 14 to adapt their internal regulations. This date marks the end of the 180-day period for adjusting workplace policies.
Key Questions and Answers
- What are the main uncertainties surrounding Ley Silla implementation? There is confusion about break times, seating requirements, and how these changes will impact company operations without clear guidelines from STPS.
- What is the role of Ley Silla in the LFT? Ley Silla is a reform to the Ley Federal del Trabajo, acknowledging the right to breaks and mandating seating with backrest for periodic rest.
- What are the concerns of companies regarding Ley Silla implementation? Companies worry about how these changes will affect shift scheduling, operational disruptions, and the economic impact of acquiring appropriate seating.
- What are the deadlines for compliance with Ley Silla? A 30-day deadline was granted for STPS to issue compliance guidelines, while companies had until December 14 to adjust their internal regulations.
