11 July 2023
On Thursday, June 8, 2023, the Mexican Official Standard NOM-037-STPS-2023 Teleworking – Safety conditions in the workplace was published in the Federal Official Gazette (hereinafter the “NOM” for its acronym in Spanish), which covers basic labor rights, occupational safety and health, discrimination and harassment in the workplace, fair remuneration, working hours, social protection, employment contracts, data protection and privacy, computer security, employer liability and other aspects of online work.
This NOM was published by the Ministry of Labor and Social Welfare with the purpose of ensuring the safety and welfare of those who work in the telework modality (also called “home office” “remote work” “telecommuting”).
This NOM establishes the necessary conditions to guarantee the safety and health in the work environment of such persons. It should be noted that for a work activity to be classified as teleworking or remote work, at least 40% of the weekly workday must be performed from a place other than the “work center”, and only information and communication technologies must be used.
Noms content
People who perform their work activities through the teleworking modality will have the right to disconnect completely from their work at the end of their working day, resting hours, vacations, additional leaves or non-working hours.
The “disconnection” implies any type of communication between the employee and the employer, so that the employee can have a clear and healthy separation between work and personal time.
These workers will enjoy the same rights as other employees that do not work remotely, both individually and collectively. This includes the right to join a union, to participate in collective bargaining and to establish direct communication with their coworkers.
This NOM will enter into force 180 calendar days after its publication.
In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.
52-81-24748538
www.j-bravo.com
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