NOM-037 establishes the conditions under which remote work must be implemented in Mexico and will be applicable in all workplaces that have people working under this modality (remote work).
Companies with employees working remotely will have the following obligations:
- They must have a list of employees working remotely.
- The places that are agreed with the employee must have good connectivity and they must have appropriate conditions in terms of safety and health at work.
- The workplaces proposed and agreed with the employee must be previously established (the address may not change without prior written notice to the Company).
- There must be a remote work policy that complies with the provisions of the internal labor regulations and the collective bargaining agreement, as the case may be.
- Employees working remotely must be informed of the risks and their possible exposure to agents or psychosocial risk factors.
- Employers must have a checklist of the safety and health conditions in remote working. In the event that the workplace agreed is a place other than a private home, it must have the correspondent health and safety conditions.
- The Health and Safety Commission will supervise the checklist of safety and health conditions for remote working (including photographic or video evidence).
- Employees should be trained at least once a year on the safety and health conditions that the workplace must have and maintain in their workplace.
- Mechanisms must be established for the reversibility of the remote work to face-to-face employment.
Likewise, the employers must provide the workers with the following:
• Ergonomic chair.
• Necessary supplies for the proper performance of their work (e.g. computer, mouse, keyboard, monitor, printer, internet consumption, energy consumption, etc.).
• Accessories that guarantee ergonomic or postural conditions.
Likewise, the right of the employee to disconnect is recognized as a fundamental element under this modality which means that work shift must be respected.
Finally, NOM-037 establishes special protections for people who may suffer domestic violence and also recognizes the right of breastfeeding women to have a break to feed their children.
Hogan Lovells is ready to assist you with this matter.
Authored by: Mary Carmen Fuertes, Juan Pablo Vázquez, José Pablo Saenz.