Priego Brito & Guzmán Juárez Attorneys at Law

Chair Law!

A very realistic horizontal photograph of a work environment where employees are standing and working at checkout counters, with some seating available.

Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic to be discussed today will be, the recently almost enacted “chair law”, This is not an isolated event or that the law of the matter (Federal Labor Law) did not already have this as a mandate, since Article 132 of the aforementioned law, in the section on employer obligations, already indicated the obligation to maintain the number of seats for its personnel in order not to affect the health of the workers, however, section V of the aforementioned article is very general, and this is the reason for the initiative with the reform decree, However, section V of said article is very general, and this is the reason for the initiative with a law reform decree, to article 123 of the Constitution and its secondary law Federal Labor Law, which seeks to reform articles 132, 133, 422 and 423, the first two of which are employer obligations and employer prohibitions, and the last two speak of the internal work regulations.

From what was requested and done yesterday by the Legislative Power, it seeks that the sources of work such as supermarkets, gas stations, restaurants, commercial houses, comply with the provision and that they have the physical space for operators to perform their functions and seats with sufficient support so that during their workday (in the intervals of breaks in their functions given the operation of the source of work), they do not continue standing affected their health with occupational diseases such as:

  • Fatigue and muscle tension in legs, back and neck
  • Inflammation in veins, which can increase the risk of varicose veins
  • joint, spine, hip, knee and foot problems
  • Damage to tendons or ligaments, which can cause rheumatic disorders.

 

Illnesses that arise from long and prolonged standing, and that of course affect the health of the workers, in the same way with such reform decree the work sources avoid having or incurring in violations to their obligations, such as affecting labor rights of their collaborators, associates, workers and workers, by the way, not all the work sources do not comply, There are, as in all cases, honorable exceptions, and with this they avoid having these possible risks such as occupational diseases, which were mentioned in previous lines, and this prevents lawsuits for occupational diseases as well as the increase in the risk premium before the social security agency (IMSS) in such a way that it balances the labor relations.

This does not mean that the current provision will not be maintained; What the reform decree seeks to do is to sanction and avoid the aforementioned in this article, this derived from the fact that there is a high rate of this claim per year before the IMSS, reason for which when having this reform decree the provisions of the Federal Labor Law in its Article 132 Section V will be modified and expanded, Article 133 will be expanded and modified from its Section XVI, Articles 422 and 423 will be modified to the effect that in the work regulations, the right of workers to sit during the workday will be stipulated.

Friends (a), it should be considered regardless of the regulations that workers, and sources of work should always have and maintain a good working relationship in respect of the rights and obligations of all, and thus avoid sanctions, social and economic, as well as prevent future occupational diseases to staff that should always be taken into account that both the capital (employer) and workers, makes basic and fundamental part of the economically active force of the country, which is why they should prevent all kinds of risks and diseases that affect labor relations and the economic progress of the country.

So much for this week's comments, we'll see you next week...

MD. Alberto Iduarte Aguilar - Director of the Labor Area

Article written by:

MD. Alberto Iduarte Aguilar
Director of the labor area

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