Introduction to the Ley Silla
The Ley Silla, a recent labor reform in Mexico, guarantees workers the right to rest on a chair with a backrest during their workday. This new entitlement is protected by financial penalties for employers who fail to provide the seating and allow regular breaks. The law aims to prevent risks associated with prolonged standing during work.
Penalties for Non-Compliance
According to the Federal Labor Law, penalties for non-compliance with the Ley Silla range from 28,285 to 282,850 pesos (250 to 2,500 times the Unit of Measure and Update). In cases of recidivism, the Secretariat of Labor and Social Prevision (STPS) may temporarily suspend a company’s operations.
Factors Considered for Penalties
The Federal Labor Law quantifies penalties based on four elements: intent to violate, infraction severity, potential damages, the violator’s economic capacity, and recidivism.
Scope of the Ley Silla
The reform applies to sectors like commerce, services, and workplaces similar to centers. Industrial companies are only obligated if their job nature allows it.
Expert Opinions
Jimena Sánchez Argoytia, co-founder of Employment Legal Aid, emphasizes the importance of complete compliance with new rules for workers who stand for long hours. She warns that penalties can lead to significant economic impact, especially for smaller companies.
José Sesma, a labor lawyer at Sales Boyoli, notes that penalties depend on the company’s size. However, he clarifies that the STPS has not yet issued guidelines on the specific types of chairs to be used.
Actions for Companies
José Sesma advises companies to analyze chair placement and modify employee contracts and internal regulations to ensure compliance with the Ley Silla.
Companies have 180 days, starting from June 17, to adapt their internal policies. Once the STPS releases new guidelines, businesses should adjust accordingly.
Key Questions and Answers
- What is the Ley Silla? The Ley Silla is a Mexican labor reform guaranteeing workers the right to rest on a chair with a backrest during their workday.
- What are the penalties for non-compliance? Penalties range from 28,285 to 282,850 pesos or 250 to 2,500 times the Unit of Measure and Update. Recidivism may lead to temporary workplace suspension.
- Which sectors does the Ley Silla apply to? The reform applies to commerce, services, and similar workplaces. Industrial companies are only obligated if their job nature allows it.
- What factors determine penalties? Penalties consider intent to violate, infraction severity, potential damages, the violator’s economic capacity, and recidivism.
- What actions should companies take? Companies should analyze chair placement, modify employee contracts, and adapt internal regulations to ensure compliance.
