All deadlines come around in the end and the Chair Law came into effect on June 17. The reform to the Federal Labor Law (LFT) incorporated new obligations for employers with the objective of preventing risks associated with people working on their feet for prolonged periods of time, a labor right in which Mexico lagged behind up to 110 years in comparison with similar economies.
“What is required is that all jobs that require employees to be standing for several hours have at their disposal a chair with a backrest that allows them to rest and it can be that this seat be accessible in their place of work or, otherwise, that they be allowed to go to a specific place to use that chair”, explains Estefanía Rueda, partner at the Littler Firm.
According to D&M Abogados, with the entry into force of the reform “with the exception of duly justified exceptional cases, no employee should be required to remain standing throughout the entire work shift.”
In this sense, the Firm advises companies to “conduct a workplace position assessment to identify roles that require adaptation, procure suitable ergonomic furniture, and provide training to personnel on the new rights and obligations.”
The Chair Law is based on two main axes: on the one hand, it establishes the obligation for companies to provide sufficient chairs for employees to rest; on the other hand, it forbids employers to have people perform their duties while standing up throughout the entire work shift.
Nevertheless, full compliance from June 17 forward is only one implementation scenario. Upon its entry into force, the reform established an additional 180-day term for employers to adjust their internal regulations to comply with the new obligation.
“Employers or companies will have a period of 180 natural days from the entry into force of this Executive Order to adjust their internal regulations to comply with the provisions in Section V of Article 132 of the Federal Labor Law”, states Transitional Article Three of the reform.
The section that is referred to is precisely the one that requires employers to provide chairs with backrests for periodic rest. The additional term expires on December 14 of this year.
According to Mayeli Cabral, a partner in the Labor area at Chevez Ruíz Zamarripa, this additional transition period allows companies to adjust and comply fully with the reform up until December 14.
“It enters into force on June 17, but employers were given a 180-calendar day period to become ready to comply.The requirement to have chairs with backrests will be enforceable as of December 14. Starting on June 17, companies must become prepared for the time when it will be enforceable”, the specialist states.
Estefanía Rueda agrees with this: this period of time opens the door for full compliance with the labor reform as of the specified date. “As such, it can already be requested, but it is not yet punishable because there is a transition period to establish the necessary measures for all employees to have access to this benefit (…) employers still have this period of adaptation.”
Nevertheless, she points out, the best practice will be to implement it as soon as possible, as the objective of the amendment to the Federal Labor Law is to prevent risks for employees.
But even if a company wishes to implement the new provisions now, it would be risky to do so without having the regulations, yet to be issued by the Department of Labor and Social Welfare. To this end, the agency has 30 calendar days as of the entry into force of the reform to issue said regulations, Mayeli Cabral says.
What do companies need to adapt?
The use of chairs and the time destined for rest will be regulated through the internal labor regulations, this is one of the adjustments that companies must make. For Estefanía Rueda, this means that the definition of the rules will be made in agreement with the employees.
“In a strict sense, every time there is an amendment to the regulations, it must be submitted for agreement to the Joint Commission in charge of the regulations, and said commission is comprised of representatives of the company and of the workers. In the end, there will be regulations for the use of chairs and breaks that will be defined both by the employees and the employers; it is interesting because employees will have a say in the definition of the rules and these rules will be established not only in the manner that best suits the operation, but also for the benefit of health”, the specialist states.
Furthermore, Mayeli Cabral adds, the amendment of the internal labor regulations must be registered with the Federal Center for Labor Conciliation and Registration (CFCRL).
But the administrative change is not the only adjustment that needs to be made. The specialist explains that the place where the chairs will be placed also needs to be set up. And communication with employees to explain the new right and obligations must be added to the foregoing.
