Remote Work in Mexico

The Mexican government included provisions on remote work in the Labor Law through the 2021 amendment and announced official standards in 2023.

Since the pandemic, many companies have adopted remote work (or hybrid work) models to conduct their operations. Mexico is no exception, and even after the pandemic ended, many companies continue to operate remote work systems. Accordingly, the Mexican government formalized the remote work system by incorporating remote work provisions into the Labor Law through the 2021 amendment and announcing official standards in 2023.

[Image source=Beomryul Newspaper]

In particular, NOM (Norma Oficial Mexicana, Mexican Official Standard) 37, established by the Mexican Ministry of Labor and Social Welfare (STPS), broadly and specifically outlines the obligations companies must comply with to protect the rights and interests of remote workers.

What is Remote Work?

Remote work (teletrabajo), as defined in the Mexican Labor Law, refers to a worker providing labor to the employer from a location other than the company’s main workplace or premises, using information and communication technologies without physically commuting to the company. However, remote work is only recognized if the remote work hours exceed 40% of the worker’s total working hours.

Therefore, working from home only 2 days out of 5 is not recognized as remote work, and working from home or other locations outside the workplace for a few days in a month is also not recognized as remote work.

Obligations of Companies Introducing Remote Work

First, companies must specify in the employment contract with the worker, in addition to general working conditions, the work equipment and supplies provided by the company for remote work. Equipment and tools include computers, ergonomic chairs, printers, etc.

Additionally, companies must specify support for costs incurred by workers due to remote work. These costs include electricity bills, internet fees, and so forth.

Moreover, if a company has a labor union, the collective agreement must include remote work conditions. For companies without a collective agreement, the relevant content must be included in the company’s internal work regulations (Reglamento interior de trabajo) and approved and registered with the Federal Labor Conciliation and Arbitration Center.

Furthermore, companies must manage the inventory of office supplies provided to remote workers, comply with the safety and health guidelines for remote workers set by the Ministry of Labor and Social Welfare, and operate systems to secure company information handled by remote workers.

Finally, there is a regulation that the salary of remote workers must not be less than that of on-site workers performing similar or identical tasks.

NOM-037-STPS-2023, Mexican Official Standard 37 on Safety and Hygiene Conditions for Remote Work

Official Standard NOM 37, announced by the Mexican Ministry of Labor and Social Welfare in June 2023 and effective from December, specifies the company’s obligations regarding remote work operations in more detail.

1. Company Obligations

1.1. List of remote work employees and their personal information, remote work details (hours/work location), assigned computers, and other provided work equipment lists

1.2. Establishment of remote work environment: internet, electricity, lighting, temperature, noise, ventilation, and ergonomic environment

1.3. Mental and physical occupational accident prevention standards for remote work employees

1.4. Development and implementation of education and training programs for remote work employees by the joint labor-management productivity committee within the company

1.5. Preparation and distribution of internal rules for remote work

Additionally, the official standard provides criteria for authorized evaluation agencies to assess the working environment of remote employees and details the list of documents the Ministry of Labor requires during labor inspections. The labor inspection checklist includes:

1) List of remote workers

2) Internet contracts for each remote worker’s work location and documents proving the suitability of the work location for the job

3) Employment contracts, collective agreements, or internal regulations specifying remote work conditions

4) Establishment and distribution of internal rules for remote work

5) Development and implementation of education programs on occupational accidents that may occur during remote work for remote employees

6) Development and implementation of education and training programs for remote employees

Furthermore, the standard broadly covers examples of internal operational rules for companies introducing remote work, recommended warm-up exercises before starting remote work, specifications and examples of ergonomic chairs, and examples of telephone and monitor use.

In Conclusion

All companies operating remote work systems must comply with the obligations stipulated in the Mexican Federal Labor Law and official standards (NOM).

When the remote work system was incorporated into the Labor Law, there were many concerns and controversies regarding the guarantee of remote work environments and cost reimbursements. However, these issues were somewhat resolved by the official standards announced by the Ministry of Labor and Social Welfare in 2023. Nevertheless, due to the vast scope of special supervision by the Ministry and the increased stringent obligations for companies, many companies found the additional requirements burdensome and, paradoxically, avoided adopting remote work.

Companies planning to operate businesses with remote work systems in Mexico should carefully consider the provisions set forth in the Labor Law and official standards when implementing such systems.

Nam Sangman, Mexican Attorney (FLM CONSULTING & NETWORK)

※This article is based on content supplied by Law Times.