Draft bill 28.

Summary.

The draft bill sets rules to promote workers’ physical, mental and emotional health and healthy workplaces throughout the national territory. It would apply to public and private sector employers and workers, according to the nature of the work. It defines occupational stress, active breaks, workplace well-being, healthy workplaces, psychosocial risks and rest alternatives. It also classifies companies by their number of workers to determine the scope of their obligations.

It proposes active-break programs lasting at least lOa 15 minutes for every two (2) hours of continuous work, access to preventive psychological counseling, an internal workplace well-being policy and annual psychosocial risk assessments using technically validated tools. It also addresses ergonomic furniture and adequate environmental conditions. Large companies would meet all five obligations. Medium-sized companies would meet at least the first four and apply the fifth according to their technical and budgetary capacity, prioritizing positions with greater ergonomic risk. Micro and small companies would meet the first three; technical support from the State would encourage progressive compliance with the remaining obligations.

The text prohibits requiring workers to remain standing for prolonged periods without active breaks or rest alternatives. Cashiers, customer service operators and workers in comparable roles would be able to work seated when the activity permits. Where the nature of the position requires standing, the employer would provide seats for periods of low activity and frequent breaks or rest periods. The bill recognizes rights to scheduled breaks without retaliation, alternatives to prolonged standing, a healthy workplace, training in stress management and self-care, and protection when reporting conditions affecting emotional health.

The Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral, MITRADEL) would create the “Healthy Company” certification for companies meeting the standards in the draft bill and its implementing regulations. Certified companies would receive technical priority or additional points in public tenders and contracting. MITRADEL would maintain an updated digital register and issue physical and digital recognition. Its Inspection Directorate (Dirección de Inspección) would conduct scheduled inspections or inspections prompted by complaints and could require corrective action plans with specified deadlines before imposing sanctions. The text sets fines by company size and allows suspension of certification for repeated violations. Workers could submit anonymous complaints through a confidential platform, with protection against retaliation under the Labor Code (Código de Trabajo).

The Ministry of Health (Ministerio de Salud, MINSA) would coordinate national educational campaigns with MITRADEL. The Executive Branch would issue implementing regulations within no more than six months after promulgation, and the bill sets its entry into force at twelve (12) months after promulgation. Its provisions could concern public contracting entities and customer service companies, as well as employers and workers in activities requiring prolonged standing.