27 Jul The public bill of the Mexican Official Standard (NOM, by its acronym in Spanish) to regulate teleworking conditions imposes obligations on both employers and teleworkers
The importance of regulating working conditions, when teleworking is chosen, lies in the difficulty that implies guaranteeing such conditions in a place that is different to the company's workplace. This modality presents advantages for employers and employees, but also entails the fulfillment of labor obligations for both of them.
The Mexican Official Standard public bill “PROY-NOM-037-STPS-2022 on Telework-Safety and Health Conditions”, published on July 15th, 2022, sets forth guidelines, various labor obligations and a procedure to evaluate the level of compliance with the NOM, which will be carried out through inspection visits made by the labor authority, where a series of evidence described in the project will be reviewed.
The Ministry of Labor and Social Welfare also included the obligation for employers to provide training to teleworkers for them to be able to identify hazards in their workplace. Likewise, it is the employer's obligation to include the knowledge needed to handle the Information and Communication Technologies for Telework, as well as the creation of a Telework policy setting forth the rules and instructions to perform the work in a safe way.
For its part, the teleworker’s obligations to comply with the telework policy include: to safeguard and keep in good working conditions the equipment that, if any, is provided by the company, as well as to meet the policies and mechanisms for data protection, among others.
This public bill opens the possibility to participate with comments during the public session period (60 days). In the event this public bill sets forth provisions that negatively impacts the interest of the company or it is contrary to the applicable legislation, any company may file comments during this public session period. If your company wishes to participate with comments in the public session, we will be happy to assist you in preparing and represent your company in the filing of the applicable comments.
If the Mexican Official Standard on Telework-Safety and health conditions project is finally resolved and approved, it will be enforceable 180 calendar days after the date of its publication and will apply to all employers and workplaces that have teleworkers in México.
Should you have any additional questions or comments, please do not hesitate to contact us.
Contact
Gerardo Valencia
gvalencia@cuestacampos.com
Sandra Chávez
schavez@cuestacampos.com
Karla Jiménez
kjimenez@cuestacampos.com
Erick Sastré
esastre@cuestacampos.com