Quick Hits
- Employers must comply with obligations related to: (i) the prevention of discrimination and violence against women, (ii) NOM-035-STPS-2018 Psychosocial Risk Factors, and (iii) the Chair Law (“Ley Silla”).
- The government has increased workplace investigations, raising the importance of ensuring that employers are in compliance with employment-related laws.
Key Obligations
Prevention of discrimination and violence against women. As a result of several amendments to guarantee an environment free of discrimination and violence against women, on January 15, 2026, a decree was published in the Official Gazette of the Federation (Diario Oficial de la Federación (DOF)) reforming several laws, including the Federal Labor Law. Employers are obligated to:
- take actions to prevent and ensure that work environments are free from discrimination and violence;
- guarantee substantive equality between women and men;
- provide periodic training for employees on the prevention of discrimination and violence against women in the workplace; and
- obtain evidence for the above-mentioned trainings modules.
Protocol to prevent gender-based discrimination and address cases of violence, harassment, or sexual harassment, as well as to eradicate forced and child labor. Per Article 132 of the Federal Labor Law, employers must implement a protocol to prevent gender-based discrimination, address violence, harassment, and sexual harassment, and eradicate forced and child labor. This is a statutory duty, and its absence may result in sanctions during workplace inspections.
The protocol ideally includes:
- a zero-tolerance statement covering discrimination, violence, harassment, sexual harassment, forced labor, and child labor;
- definitions of all prohibited conduct;
- confidential complaint channels (red line phones);
- an objective and independent investigation procedure; and
- anti-retaliation protections.
NOM-035-STPS-2018: Psychosocial Risks. This Official Mexican Standard (Normas Oficiales Mexicanas (NOM)) seeks to identify, analyze, and prevent psychosocial risks and promote a favorable organizational environment. Employers are required to:
- implement a psychosocial risk policy in place and document its renewals annually;
- incorporate and adjust in the psychosocial risk policy the administration and distribution of the workweek of the employees, per the workweek reduction amendment;
- update the psychosocial risk policy in order to incorporate matters related to the prevention of discrimination and violence against women in the workplace; and
- conduct psychosocial risk evaluations every two years.
Chair Law (“Ley Silla”). Obligations related to this amendment have been mandatory for employers since June 2025. This amendment seeks to recognize the right of employees to have adequate seating during their work shift if their activities allow it. The following are the most relevant obligations:
- providing enough chairs with backrests for employees if their activities allow it;
- determining periodic rest breaks; and
- updating internal work regulations to incorporate seating and rest breaks.
Ogletree Deakins’ Mexico City office will continue to monitor developments related to the workweek reduction, anti-discrimination protocols, psychosocial risk compliance, and the Chair Law, and will provide updates on the Cross-Border, Mexico, Wage and Hour, Workplace Safety and Health, and Workplace Violence Prevention blogs as enforcement trends evolve.
Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins.
Natalia Merino Moreno is an associate in the Mexico City office of Ogletree Deakins.
María José Bladinieres is a law clerk in the Mexico City office of Ogletree Deakins.
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