Labor Reform Regarding Home Office

On January 11, it was published in the Official Federal Gazette the reform to the Federal Labor Law which will enter into force on January 12, 2021  regarding teleworking (also known as home office, distance working or smart working).

Therefore, we can confirm the fundamental points of the reform which we inform in a previous communication:

1. The concept of Telework is created, which consists of the performance of paid activities without the physical presence of the worker in the workplace, primarily using information and communication technologies for contact and command between the teleworker and the employer;

2. Certain special obligations are set forth for employers:

• Employer´s obligation to provide, install and maintain computer equipment, printers, ergonomic chairs, and other tools necessary to perform the work;

• Assume telework costs such as payment of utilities such as internet, telecommunication services and a proportional part of electricity;

• Keep a record of supplies delivered to teleworkers; and

• Respect the “Right to Disconnect” at the end of the day.

3. The conditions of teleworking must be agreed upon in writing, including setting forth working hours within the limits of the law and setting forth contact and supervision mechanisms between teleworker and employer.

4. Regarding Occupational Safety, Health, and Risks, how the employer must guarantee them will be regulated by an Official Mexican Standard (NOM), for which the Ministry of Labor and Social Welfare will have 18 months for issuance from the publication of the reform.

5. Telework should be included in the Internal Work Regulations when the company has this modality and/or in the Collective Bargaining Agreement.

If you would like to know more details of the reform and how it should be applied to your company’s particular case, including during the pandemic period, please do not hesitate to us.

Yours sincerely,

Cannizzo, Ortiz y Asociados, S.C.