Let's talk about the last reform approved by the Senate of the Republic, talking about the Chair Law, which, in my personal point of view, took too long to implement, because for decades, the fact that certain workers could not be seated or reclined, generated too much physical and health damage, in addition to the psychological damage, of (I do not deserve at least to sit down), being this undignified.
One of the health problems, to mention a few, are the varicose veins in the legs that ended in circulation problems, such as thrombosis and in more serious cases, clots that went to the heart and caused cardiac arrests that ended in death.
Unfortunately this is not seen, until there are several cases of this, so that it can be determined as a pathology in society, and weapons can be taken in the matter in a legal way.
The World Health Organization (ILO) stated "standing for long periods of time to perform work should be avoided. Prolonged periods of standing work can cause back pain, leg swelling, blood circulation problems, foot pain and muscle fatigue".
What is the Chair Law?
The chair law is an amendment to articles 132, 133, 422 and 423, adding section XVII to article 133 of the Federal Labor Law, prohibiting employers from having employees stand during the entire workday, due to the problems it causes, some of them already mentioned in previous paragraphs.
Failure to comply with this law would result in fines for employers, for an equivalent of 250 to 2500 times the Unidad de Medida y Actualización (UMA), as well as a possible suspension of activities, in case of recidivism, with this conduct.
The opinion also amends articles 422 and 423 to change the term worker to worker.
When does it become effective?
It becomes effective 180 days after it is published in the Official Gazette of the Federation.
That is to say, this is the term that companies will have to comply with the standard set by the Ministry of Labor and Social Welfare.
What are the guidelines of this law?
Once the publication is made in the Official Gazette of the Federation, the Secretary of Labor and Social Welfare will have 30 days to issue the regulations on risk factors.
For whom does it apply?
Trade, services and similar sectors.
In Mexico, a great deal is being invested in occupational health, something that should have been done decades ago, and the consequences have been expensive for society in all areas.
Workers' Health: In the first paragraphs of this article we talked about some of the health problems that have occurred in workers, because they have been idle or not recharged all day, which caused chronic degenerative diseases and thus also affected their personal lives.
Personal: Unfortunately, not all workers have social security, because there are employers who do not comply with these obligations, but it is also true that many of the health sector agencies do not provide adequate treatment or care that can help improve the patient's health and this leads to seek other alternatives that the worker has to pay for himself.
In the same way, not all human beings are prepared to accompany and care for a person with a chronic degenerative disease, and this leads to fights, stress, separations and divorces.
The character of the sick person can be altered and treat the people around them badly, because the pain blinds them, which is something very normal in the sick, and it is understandable that they do not feel well and are overcome by despair.
This also includes psychological and emotional damage.
Psychological: The disease affects the psyche of people, from the point of view of their emotions, feeling bad for not being in good health, the problems that are being generated in their personal life and the detriment of their economy as mentioned in the previous section.
Health institutionsThe health institutions begin to be saturated and their expenses due to illnesses derived from being unemployed and not recharged for a long time, which generates higher costs for the State in medicines, examinations, operations, disabilities and disability pensions, because this is really a serious problem, which is why the authorities had to make the decision to carry out this reform.
Employment sector: Within employment, employee absenteeism due to incapacity caused by the illness, the increase in the company's risk premium with the Mexican Social Security Institute, and the constant turnover of personnel.
Society: When the above areas are affected, this means that society suffers, because if people are not well, the business sector, health and the economy will be affected, and this can also cause discrimination in people, which affects society because it also causes psychological and even psychiatric problems.
Judicial sector: In this area, lawsuits may be brought against health institutions that are not doing things right, or against employers for violating the labor or social security rights of workers, and sometimes even human rights, because discrimination may occur.
In addition to the fact that this is also considered as labor violence, remembering that labor violence is anything that threatens the self-esteem, health, integrity, freedom or safety of people.
Let's not forget that human dignity is the first thing we have to take care of, since we are all people, and the fact that employees are well, will lead to everything around them being well.
All this with the objective of not producing an endemic in society, remembering that this term is used only for transmitted diseases, if not for a certain number of health cases, in a certain geographical area.
In this article, I wanted to talk a little more in depth about why this reform was created, since the legal terms have been spoken in majority, that speaking of economy it is known that it is what matters most to the business sector, but it is also important to raise awareness of everything that can be caused, and that was caused and that is why we came to the determination to reform this part of the law, but not if we do not understand deeply why? we will be destined to continue with the same attitude that will not solve the root of the problem, even if there is such a reform, there are always ways to get out of it, but this is not the case.
The real goal is for us to raise awareness as a society and for the whole environment to be well.
On December 19, 2024, it was published in the Official Gazette of the Federation, the amendment and addition of several provisions of the Federal Labor Law, referring to the Chair Law, regarding articles 132, 133, 422, 423 of the law, it is transcribed and will be as follows:
Article 132. Employers have the following obligations:
I.- a IV.- ...
V.- Provide a sufficient number of seats or chairs with backrests available to all workers in the service, commerce and similar workplaces sectors, for the performance of their duties or for periodic rest breaks during the workday. In the case of periodic breaks, the seats or chairs with backrests shall be located in specific areas designated for such purpose in the same workplace facilities. The same provision shall be observed in industrial establishments when permitted by the nature of the work;
VI.- a XXXIII.- ...
Article 133. Employers or their representatives are prohibited:
I.- a XVI.- ...
XVII.- To carry out any act tending to exercise control over the union to which its workers belong;
XVII Bis. Forcing workers to remain standing during the entire working day and prohibiting them from sitting down periodically during the performance of their duties, and
XVIII.- ...
Article 422. Internal work regulations are the set of mandatory provisions for workers and employers in the development of work in a company or establishment.
…
Article 423.
I.- Employees' arrival and departure times, meal times, and mandatory rest periods during the workday;
II.- a IV.- ...
V.- Rules regulating the right of workers to use seats or chairs with backrests during the working day, in accordance with the provisions of Article 132, Section V;
VI.- y VII.- ...
VIII.- Time and manner in which workers must undergo medical examinations, prior or periodic, and prophylactic measures dictated by the authorities;
IX.- ...
X.- Disciplinary provisions and procedures for its application. Suspension from work, as a disciplinary measure, may not exceed eight days. The worker shall have the right to be heard before the sanction is applied, and
XI.- ...
This reform becomes effective the following day of its publication, having 180 days for employers to comply with such reform, that is, as of June 17, 2024, they will have to be in order, and as of June 18, 2024, the labor authorities may verify that they are in order, and in case they have not complied with such mandate, they will be subject to the measures and sanctions established by law, fines that were already established in previous rules of this article.
References.
Federal Labor Law (2024). Virtual Library, Congress of the Union. Revised December 03, 2024. https://www.diputados.gob.mx/sedia/biblio/virtual.htm
Official Gazette of the Federation (2024). Revised from internet link: https://dof.gob.mx/nota_detalle.php?codigo=5745676&fecha=19/12/2024#gsc.tab=0. Revised December 19, 2024.
The country. Reviewed on internet link: https://elpais.com/mexico/2024-12-06/ley-silla-en-mexico-que-es-cuando-entra-en-vigor-y-sanciones.html. Revised December 06, 2024.
The Economist. Revised internet, link: https://www.eleconomista.com.mx/capital-humano/ley-silla-y-entra-vigor-20241207-737296.html. Revised December 07, 2024.
