Issue: February 2021

MEXICO - Mexico Approves Reform on Telework (Home Office)

By: Francisco Udave Treviño, Santamarina + Steta, Mexico City

On December 9th, 2020, the Senate of the Republic approved the reform to amend Article 311 and include a new Chapter to the Federal Labor Law, regarding Teleworking, in the understanding that such reform was previously approved by the House of Representatives and which main topics are listed below:

  • Teleworking involves performing activities in places other than the workplace of the employer, through the use of information and communication technologies primarily.
  • Occasional or sporadic activities are not considered teleworking, unless more than 40% of them take place at the employee's home or any other address chosen by the employee.
  • The change to this modality must be voluntary and in writing (except in cases of duly evidenced force majeure), with the right to return to the in-person modality, in terms of the mechanisms, processes and times agreed upon by the parties, promoting gender equity and equal opportunities between teleworking and in-person personnel.
  • A written agreement is required, which includes the special characteristics of this type of work, such as: description of the equipment and supplies to be provided to the employee, amount for payment of related services, mechanisms for communication at distance, and mechanisms for contact and supervision, respecting the right to privacy of individuals at all times.
  • Employers must: a) provide, install and maintain the equipment necessary for teleworking, such as computers, ergonomic chairs, printers, etc., and keep records evidencing the delivery to employees; b) assume the costs derived from working through teleworking, including payment for telecommunication services (internet) and the proportional part of electricity; c) implement mechanisms that protect the security of information and personal data; d) respect the right to digital disconnection of employees at the end of their workday; and e) provide needed training.
  • Workers should: a) take care of materials and equipment which are provided by the employer; b) inform in a timely manner the costs of related services; and c) address policies and mechanisms for the supervision of teleworking and protection of information and personal data.
  • An Official Mexican Standard (“NOM” for its acronym in Spanish) will be issued with the special conditions of safety and health at work that includes the special risks in the modality of teleworking (such as ergonomic, psychosocial, and other factors that could cause adverse effects for the life, physical integrity or health of the employees), within the 18 months following the entry into force of the reform.

The approved reform was sent to the President for its sanction and publication in the Official Gazette of the Federation. It was published within the Official Federal Gazette on January 11, 2021 and it entered into force on January 12, 2021.

Francisco Udave Treviño

Santamarina + Steta, Mexico City