On December 19, 2025, the Decree amending articles 132, first paragraph and section V, 133, first paragraph, 422, first paragraph and 423, sections I, V, VIII and X was published in the Official Gazette of the Federation and a section XVII Bis was added to article 133 of the Federal Labor Law, the text of which is attached.

This is what has come to be known as the “Chair Law”, by virtue of which the following obligations are established for employers:

1.- A sufficient number of chairs or seats with backrests must be provided for all workers in the service, commerce and similar work centers sectors for the execution of their functions, or for periodic rest during the workday;

2.- In the case of periodic rest, the seats or chairs with backrests must be located in specific areas designated in the facilities;

3.- This provision will also be observed in industrial facilities when the nature of the work allows it;

4.- The employer and his representatives are prohibited from carrying out acts aimed at exercising control over the unions to which their workers belong;

5.- The employer and his representatives are also prohibited from forcing workers to remain standing for the entire work day, as well as prohibiting them from periodically taking a seat during the performance of their duties;

6.- The internal work regulations are defined as the set of mandatory provisions for workers and employers in the development of work in a company or establishment:

7.- The internal work regulations must include the hours of entry and exit of workers, the time allocated for meals and mandatory rest periods during the work day, as well as the rules that regulate the right of workers to use seats or chairs with backrests during the work day and the time and manner in which workers must undergo prior or periodic medical examinations and the prophylactic measures dictated by the authorities.

8.- In addition to the above and in relation to disciplinary measures, it is established that, in the event of suspension, the worker must be heard before applying the sanction.

These provisions will come into force 180 calendar days after December 19, 2025.

The STPS must issue the corresponding regulations on work risk factors (derived from the lack of chairs), within a period of no more than 30 calendar days after the entry into force of the indicated decree.

Employers or companies will have a period of 180 calendar days from the entry into force of the decree to adapt their internal regulations to comply with the obligation to provide a sufficient number of chairs or seats with backrests that will be available to all workers.

The above implies the following:

a).- They will have to acquire a sufficient number of chairs with backrests for use by workers during meal times and periodic breaks, which must be established with the help of a doctor specializing in occupational medicine and an expert in safety and hygiene issues;

b).- Designate the specific areas where said chairs or seats with backrests must be located;

c).- Keep in mind that these provisions apply in service companies, commerce and similar work centers, as well as in industrial establishments when the nature of the work allows it;

d).- The employer is prohibited from carrying out any act tending to exercise control over the union;

e).- The employer must not force workers to remain standing for the entire workday, and cannot prohibit them from taking a seat periodically during the development of work;

f).- The internal work regulations must be updated. It is extremely important to note that the drafting and, of course, the updating of the internal work regulations must be carried out by a Joint Committee made up of representatives of both the employer and the workers, as well as that the regulations must be filed with the Federal Center for Conciliation and Labor Registration (no sanction can be applied if the regulations do not exist and, of course, neither if said regulations are not filed with the indicated department);

g).- Article 423 of the Federal Labor Law indicates the issues that the regulations must contain, among which we must now include the hours of entry and exit of workers, the time allocated for meals and mandatory rest periods during the workday, the rules that regulate the right of workers to use seats or chairs with backrests during the workday, the form and terms in which workers must undergo prior or periodic medical examinations and the prophylactic measures dictated by the authorities;

h).- Adequate formats must be available for the preparation of administrative records given the obligation to hear the worker before applying any sanction;

i).- We will be attentive to the publication that the STPS must make within a period of no more than 30 calendar days from this date, on the risk factors derived from the lack of chairs or seats with backrests in sufficient numbers and we will communicate them to you by this means, and;

j).- The internal regulations of each company must be adapted to comply with the obligation to provide a sufficient number of chairs with backrests that must be available to workers.

Any questions or doubts regarding this bulletin should be directed to:

Alfonso González
agu@cmgdlaw.com