Mexican Official Standard NOM-037-STPS-2023: Telework—Occupational health and safety conditions.
NOM-037 will enter into force in early December 2023, together with the obligations applicable to employers with employees working remotely.
The obligations established by the Federal Labour Law* in Articles
330-A through 330-K include, without limitation, the following:
➢ Agree on working conditions in the individual employment agreement, including, in addition to the requirements of Article 25 of the Federal Labour Law, provisions such as:
i) Communication and supervision arrangements between the parties
ii) The duration and distribution of working hours
iii) A description of the home utility costs to be covered by the employer and the amount payable to the teleworker
➢ Provide work equipment and supplies, including those required to meet occupational health and safety obligations for teleworkers
➢ Incorporate telework into collective bargaining agreements, where applicable, and internal work rules
➢ Establish communication arrangements among employees working remotely
➢ Supply, install and maintain the equipment required for telework, such as computers, ergonomic chairs and printers
➢ Cover telecommunications costs and the proportional cost of electricity
➢ Keep records of supplies provided to teleworkers
➢ Implement measures to protect the information and data used by teleworkers
➢ Respect teleworkers’ right to disconnect at the end of the working day
➢ Establish the training and guidance needed to facilitate adaptation, learning and the proper use of information technology
In addition, the Mexican Official Standard* on telework imposes employer obligations that include, without limitation:
➔ Maintain an up-to-date list of teleworkers
➔ Establish a telework policy consistent with the collective bargaining agreement or internal work rules, as applicable
➔ Promote a culture of occupational risk prevention through workplace health and safety
➔ Prevent social isolation among teleworkers by organising in-person or virtual meetings with colleagues
➔ Ensure that teleworkers’ rights are never less favourable than those of employees working on site
➔ Visit the proposed location where telework would be performed
➔ Establish procedures for maintaining computers and other work equipment used or assigned for telework
GV Abogados can explain these provisions, assess whether the telework rules apply to your workplace and advise on how your company can meet its obligations under the Federal Labour Law and the relevant Mexican Official Standard.
Compliance should be monitored carefully, as the competent labour authorities may review it during inspections. Non-compliant employers may face administrative penalties, including substantial fines, as well as adverse judicial consequences in employment litigation.
*1 – The Federal Labour Law is available at the following link: Federal Labour Law (https://diputados.gob.mx)
*2 – The relevant Mexican Official Standard is available at the following link: DOF - Official Gazette of the Federation