Executive Summary:
- On November 28, 2024, the Senate approved the initiative that reforms articles 132, 133, 422, 423 and adds a section XVII to article 133 of the Federal Labor Law, which obliges employers to Provide seats or chairs with sufficient backrests, to workers in the service, trade and similar sectors, both for the execution of their functions and for the mandatory periodic rest during the working day.
- Employers will have 180 days from the date the reform comes into force to adapt their internal regulations.
- Failure to comply with this obligation will be punished with a fine. Fine of 250 to 2,500 times the Unit of Measurement and Update or until the temporary suspension of activities.
On November 28, 2024, the Senate approved the initiative that reforms articles 132, 133, 422, 423 and adds a section XVII to article 133 of the Federal Labor Law, regarding the right to rest of workers during the working day.
Employers must observe the following:
a. Provide a sufficient number of seats or chairs with backrests available to all workers in the service, trade and similar sectors, both for the performance of their duties and for periodic rest during the working day. The above, It may only be limited when the nature of the work involves risks to safety and integrity. of working people resulting from sitting down while performing their work duties.
For example, in the case of companies in the industrial sector, the provisions will be applicable. Whenever the nature of the work allows it.
b. It remains prohibido to the bosses forcing workers to remain standing for the entire working day and, in case of incompatible functions, prohibit them from taking a seat periodically during the performance of their duties.
c. The Internal Work Regulations must contain the mandatory rest periods during working hours and the rules that regulate the right of workers to use seats or chairs with backrests during the working day.
Failure to comply with these obligations will be punishable by a fine of 250 to 2,500 times the Measurement and Update Unit or until the temporary suspension of activities.
The Reform will enter into force 180 calendar days after the date of its publication in the Official Gazette of the Federation. In addition, employers will have a period of 180 days from the entry into force of the Reform to adapt their internal regulations.
Employers are therefore advised to review and update their Internal Work Regulations in order to comply with the new provisions.
