16 Jun NOM-037 Mexican Official Standard regarding Occupational Health and Safety Conditions for teleworkers.
Last June 8 th , 2023, the Ministry of Labor and Social Welfare (STPS, by its acronym in Spanish) published the "NOM-037-STPS-2023 Mexican Official Standard on Teleworking - Occupational Health and Safety Conditions”; this standard sets forth the occupational safety and health conditions that shall prevail in those places where teleworkers provide their services.
The present standard was created with the purpose of preventing accidents and illnesses, as well as promoting a safe and healthy work environment; to guarantee the fulfillment of said purpose, the following employer-employee obligations have been added to Mexican legislation:
The work centers, including but not limited to, shall:
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- Keep updated records of the people who currently render their services under the “Teleworking” modality, which shall comply with every one of the requirements set forth in the standard (e.g., the teleworkers general information, activities to be developed, etc.).
- Establish in writing, implement, maintain, and publicize a "Teleworking Policy" that contemplates, among other things: (i) the promotion among teleworkers, of a culture of occupational risk prevention through a safe and healthy work environment; (ii) establish communication mechanisms that contemplate meetings at the workplace for teleworkers; (iii) promote the gender perspective and allow teleworkers to reconcile their personal lives with their professional lives; among others.
- Include in its hiring processes the implementation of a "Verification of Occupational Health and Safety Conditions List”.
- Keep in place an attention mechanism for cases of domestic violence that consider, among other things, a return to the on-site modality on a temporary or permanent basis.
The teleworkers, including but not limited to, shall:
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- Comply with the Teleworking Policy.
- Comply with the data and information protection policies and mechanisms established by the employer during the provision of its services under the Teleworking modality, as well as, with the restrictions on its use and storage.
- Safeguard and storage, in good condition, the equipment (including computers), materials, tools and ergonomic furniture that, where appropriate and in accordance with the needs of their position or activity, are provided by the employer to perform under the Teleworking modality in their workplace.
Finally, it is important to mention that the content of the present standard only applies to those work centers that have implemented the Teleworking modality, which is defined as:
“Subordinate labor organization in which a person renders more than 40% of its services in a location different from its employer’s facilities using Information and Communication Technologies for the communication and reception of instructions between the parties, therefore the presence of the person that renders its services under the present organizational regime is not required at the workplace”.
In view of the foregoing, the Company needs to implement a series of actions and procedures to follow this standard. We will be happy to assist you in the preparation and implementation of the required actions into your operation.
Please note that the present standard will enter into full force and effect on the 180-calendar day after its publication (that is, on December 5 th , 2023); thus, Companies will have a period of 6 months to ensure their compliance.
Should you require our assistance, please let us know and we will gladly assist you in ensuring your compliance with the provisions of this standard.
Contact
Gerardo Valencia
Sandra Chávez
Erick Sastré
Eleni Aretos
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.