The Silla Law, unanimously approved by the Senate of Mexico on February 20th, with 82 votes in favor and none against, stipulates that employers cannot force their employees to stand up all day and must provide sufficient seats with backrests to accommodate this new entitlement.
If the task cannot be performed whilst sitting down, employers must therefore guarantee “mandatory rest periods during the day.”
The bill, known as the “chair law” could represent an important legislative adaptation by acknowledging the exertion of service work as it reforms the Federal Labor Law, which has not been updated since 1970.
In particular, it refers to workers in the fashion industry, in retail and department stores, where, according to Senator Napoleón Gómez Urrutia, a member of the left-wing governing political party Morena, precarious working conditions are more accentuated.
According to data from the United States National Library of Medicine, the variety of health issues arising from standing all day at work ranges from “lower back and leg pain, cardiovascular problems, fatigue, malaise, premature birth, and spontaneous abortions.”
Although Chile and Argentina have enshrined this right for workers since 1914 and 1935 respectively, this law is the first step for Mexico to ensure workers’ protection, especially important because many of these workers operate in what Senator Patricia Mercado describes as almost “slavelike conditions.”
In addition, the law establishes strict sanctions on employers who fail to comply. Fines ranging from 27,000 to 270,000 pesos (1,600 to 16,000 dollars) can apply and in the case of recidivism, a temporary suspension of activities may be ordered. A transitory period of 180 days has been established to allow employers the time to adjust to the new regulations if passed.
The law, which has now been sent to the Chamber of Deputies, can mark significant progress in the safeguarding of vulnerable minorities and women as they are more likely to work in industries with poor labor conditions.
Jorge Álvarez Máynez, the candidate for the presidency of Mexico in June for the Citizen Movement, a minor center-left political party, congratulated Senators Patricia Mercado and Rodrigo Cordera who are responsible for the Silla law proposal.
In his X account, he praised the law, stating, “The #LeySilla once again demonstrates that good ideas, with tenacity and a vocation for public service, are the formula for good politics. Congratulations to Rodrigo Cordera and Patricia Mercado for this achievement.”
Workers in Mexico have been protected, since 2012, by the General Law to prevent and punish human trafficking crimes, replacing the United Nations’ Palermo Protocols. Additionally, Article 123 of Mexico’s Constitution enshrines strong protections around working hours, conditions, and salaries.
