Mexico City, January 2021
On Monday, January 11, 2021, a Decree amending Article 311 of and adding Chapter XII Bis to the Federal Labour Law was published in the Federal Official Gazette regarding Telework (commonly known as “Home office”), which became effective the day after it was published.
Below are the most important points of such Decree:
- The performance of paid activities in places other than the employer’s establishment or establishments using mainly information and communication technologies is considered telework, for which the employee’s physical presence in the workplace is not required.
- Telework means that more than 40% of the time worked is done remotely from the worker’s home or another place the worker chooses. In this respect, work performed occasionally or sporadically from the employee’s home will not be considered telework.
- For new workers, the working conditions must be established in a written contract. For previous employees, the change to the teleworking mode must be voluntary and established in writing, in which case the parties will have the right of reversibility to return to in-person working conditions.
- The teleworking mode will form part of the applicable collective bargaining agreement. If such agreement is not available, it must be included in the internal labor regulations.
- The employer will be obligated to provide, install and maintain the equipment necessary for teleworking, such as computers, ergonomic chairs, printers, among others.
- Additionally, the employer must bear the cost of telecommunications services and the proportional share of electric bills.
- The worker’s right to disconnect at the end of the working day must be respected.
- Employers must register workers who provide services through telework in the mandatory social security regime.
- As to the workers’ obligations, they must exercise utmost care to safely keep and preserve the equipment, materials and supplies they receive from the employer and promptly notify the costs agreed on for the use of telecommunications and power services derived from teleworking.
- Special safety and health conditions will be established by the Ministry of Labor and Social Protection in an Official Mexican Standard, which will consider ergonomic, psychosocial and other risks related to the teleworking.
Please contact us if you have any questions or comments relating to the foregoing.
*This article is authored by Fernando Martínez and it may reflect their personal opinions independently from the law firm they work for. Shall you intend to apply any of the debated interpretations within the article, we highly recommend to formally consult Jáuregui y Del Valle, S.C. or any other qualified advisor.
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