Entry into force and effects of the Mexican Official Standard NOM-037-STPS-2023, Teleworking – Occupational safety and health conditions

As we reported in our informational alert of January 12, 2021 (https://cannizzo.com.mx/alerta-informativa-reforma-laboral-relativa-teletrabajo-2/), on January 11, 2021, the reform to the Federal Labor Law that introduced the concept of “Telework” was published in the Official Gazette of the Federation. In this reform, it was established that the way in which the employer should ensure the teleworkers safety, health, and professional risks would be regulated by an Official Mexican Standard issued by the Ministry of Labor and Social Welfare.

As a result of the above, on June 8, 2023, the Official Mexican Standard “NOM-037-STPS-2023, Teleworking-Occupational safety and health conditions” (hereinafter the “NOM-037”) was published in the Official Gazette of the Federation. This regulation imposed certain obligations on the employer with the aim of preventing accidents and illnesses, as well as to promote a safe and healthy environment in the workplace for the teleworkers. These obligations include:

(i) having a telework policy that establishes the implementation process of this modality;
(ii) providing an ergonomic chair and necessary supplies for the performance of the work, such as payment of internet, telephone, computer, printer, etc.;
(iii) meeting the disconnection right of the teleworkers outside of working hours; among others.

The NOM-037 will become effective on December 5, 2023, from which date companies and workers operating under this modality will be obliged to comply with its provisions.

Do not hesitate to contact any of our partners or associates for the implementation of NOM-037 and compliance with it by your organization.

Sincerely,

Cannizzo