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Labor Update: Chair Law and Rights of Digital Platform Workers

In December 2024, key reforms were published to the Federal Labor Law, focusing on fundamental labor rights. Two major reforms include the Chair Law and the regulation of digital platform workers. These changes aim to strengthen workers’ rights and ensure compliance with labor regulations in the modern workplace.

 

Below is a detailed analysis of these legislative reforms.

  1. Chair Law

The reform known as the Chair Law, published on December 18, 2024, seeks to regulate working conditions in service sectors, commerce, and similar workplaces. The key provisions are:

 

  • Provision of Seating: Employers must provide chairs or seating with back support to workers during their workday. Standing-only work will not be permitted.
  • Break Periods: In cases where providing seating is not feasible, designated rest areas must be provided.
  • Internal Labor Regulations: Internal Labor Regulations must include mandatory break periods and rules regarding the proper use of chairs or seating.
  • Effective Date: The reform takes effect 180 calendar days after its publication, with an additional 180 days for employers to update their Internal Labor Regulations.
  • Guidelines: The Ministry of Labor and Social Welfare will have 30 days to issue specific guidelines on the workplace risks associated with standing work.

 

  1. Rights of Digital Platform Workers

Published on December 24, 2024, this reform addresses the growing number of digital platform workers and guarantees recognition of their labor rights. The key elements are:

 

  • Recognition as Workers: Individuals providing services through digital platforms are recognized as workers with rights to social security and other labor protections.
  • Criteria for Platform Workers: A worker providing personal, remunerated, and subordinated services via a digital platform is considered a platform worker if their net monthly income is at least one minimum wage of 8,364 pesos (applicable for 2025). Those earning less than this amount will be considered independent contractors, and platform operators must register them with the Mexican Social Security Institute to ensure coverage for workplace risks.
  • Wages and Benefits: Payments for tasks or services must be made weekly, including proportional benefits such as vacations, bonuses, and overtime pay. Tips are excluded from social security contributions.
  • Contracts and Oversight: Platform operators must establish individual employment contracts, which can be signed digitally and must be registered and approved by the Federal Center for Conciliation and Labor Registration. These contracts must detail remuneration, working conditions, and oversight mechanisms.
  • Profit Sharing and Algorithmic Management: Platform workers have the right to profit-sharing if they work more than 288 hours in a fiscal year. Operators must disclose the functioning of algorithms used to assign tasks and any changes made.
  • Protections and Penalties: Employers must establish safety measures, keep a record of hours worked, and ensure compliance with information security regulations.
  • Non-compliance: Platform operators who fail to comply with these provisions may face fines ranging from 27,142.50 to 2,714,250 pesos.

 

  • Effective Date: The reform takes effect 180 days after its publication, on June 22, 2025. IMSS will have 180 days to propose reforms to the Social Security Law to ensure compliance with the new obligations, while INFONAVIT must issue the corresponding rules within five days after the reform’s entry into force.

 

These reforms represent a shift toward greater labor protection in the modern work environment, addressing the unique challenges faced by digital platform workers and improving working conditions.

 

At Calderón Marín, we are committed to guiding you in understanding and implementing these changes, ensuring compliance and minimizing any legal-labor and social security risks. Please feel free to contact us for any further guidance on these labor reforms.

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