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On December 19, 2024, a Decree was published in the Official Journal of the Federation amending various provisions of Mexico’s Federal Labor Law (the “Decree”) to impose on employers a new obligation to provide their employees with chairs with backrests, either to carry out their work, or to rest, during the workday. The Decree will enter into force on June 17, 2025, so companies subject to the new obligations will have six months to do what is necessary to be in compliance with the Decree.
The obligation to provide chairs with backrests will be enforceable in the service, commerce and “similar” sectors.Such obligation will also apply to companies in the industrial sector “when the nature of the work allows it.” In parallel, the prohibition of forcing employees to remain standing for the entirety of their workday, and prohibiting them from sitting periodically during the performance of their duties, is now established.
It will be important for employers to monitor the interpretation of the rule by the labor authorities regarding its applicability in the industrial sector, and the way in which employers will determine whether “the nature of work” allows seated persons to perform their functions properly.
Additionally, companies must modify their Internal Work Regulations to include mandatory breaks during the workday, as well as the right of employees to use chairs with backrests.
It is worth noting that the Secretary of Labor and Social Welfare will issue regulations on workplace risk factors within a period of no more than 30 calendar days after the Decree comes into force (mid-July 2025).
We recommend that employers review all activities carried out in the different areas of their companies, as well as the spaces in which employees rest or eat, to identify whether they need to make adjustments. Likewise, it will be important for them to modify their Internal Work Regulations as required by the new provisions. Failure to comply with the new obligations may be sanctioned with fines of 50 to 5,000 times the value of the UMA ($5,428.50 to $542,850 pesos as per the value of the UMA in 2024).
CCN attorneys can provide assistance to analyze the applicability of the new obligations, or support employers in the implementation of the changes required within their companies.
