Introduction to Ley Silla
The Mexican labor law reform, known as Ley Silla, aims to prevent risks associated with prolonged standing during work. This reform primarily targets the commerce, service, and related sectors, with specific regulations applicable only if the nature of activities permits it. The law mandates employers to provide seats with backrest for periodic rest but has left some questions unanswered, such as the duration of breaks, their frequency, and the required number of seats.
Experts’ Expectations from STPS Guidelines
Jacqueline Álvarez, a partner at People Advisory Services – Labor & Employment of EY Mexico, expects the STPS guidelines to clarify aspects like seat characteristics, rest periods, and minimum seat requirements for specific groups of workers. Jimena Sánchez Argoytia, another legal expert, anticipates more information on seat characteristics and potential time metrics for rest periods.
Relevance of Norma Oficial Mexicana (NOM)
Although the STPS guidelines may reference Norma Oficial Mexicana (NOM), a new NOM is unlikely given the short timeframe. Unlike NOM-037, which described ergonomic chair characteristics, the Ley Silla focuses on periodic rest rather than work tools.
Company Responsibilities with and without Guidelines
Despite expectations for clearer guidelines on seat types, rest times, and risks from the STPS, experts agree that companies must independently define certain aspects. Jimena Sánchez emphasizes identifying job positions requiring periodic rest, even in industries where Ley Silla may not seem applicable. Jacqueline Álvarez concurs, suggesting companies identify positions subject to Ley Silla and designate rest areas.
Immediate Actions for Companies
Companies must consider several factors immediately, such as adjusting internal regulations, implementing changes in work regulations, and providing staff training. The labor law reform granted companies 180 days to adapt their internal norms, which expires on December 14, 2023. Ley Silla stipulates that seat time and usage will be regulated through work internal regulations.
Key Questions and Answers
- What can companies expect from the STPS guidelines? Companies anticipate clearer information on seat characteristics, rest periods, and minimum seat requirements for specific job groups.
- Will the STPS guidelines describe an ergonomic chair? No, as Ley Silla focuses on rest periods rather than work tools.
- Which job positions should companies identify for Ley Silla application? Companies must identify positions requiring periodic rest, even in industries where Ley Silla may not initially seem applicable.
- What immediate actions should companies take? Companies must adjust internal regulations, implement work regulation changes, and provide staff training. They have until December 14, 2023, to adapt their internal norms.
