On December 09, 2020, the Mexican Senate approved the reform to the Federal Labor Law (LFT). Chapter XII Bis was added, in order to regulate the “home office” or telework.

With vaccination periods scheduled until March 2021 for the least vulnerable, hospital capacity exceeded in some states and the recent closure of non-essential activities in Mexico City, it is extremely important that companies and workers are informed about the implications of this reform.

Definition of telework and teleworker

Telework. Form of labor organization that consists of the performance of remunerated and subordinate activities, without requiring the physical presence of the worker in a specific workplace, using information and communication technologies as a support for contact between the worker and the employer.

Teleworking will be deemed if the worker stays more than 40% of the working hours at home or in a place other than the usual workplace. In the same way, it is clarified that remote work carried out occasionally will not be considered as telework.

Teleworker. Person who uses information and communication technologies as a means or end to carry out their work activity outside the employer’s facilities.

Telework agreement and service conditions.

Collective contracts and internal regulations must be modified to establish the new telework conditions and the equipment and supplies delivered to the workers so that they may carry out its work, as well as contracting conditions, supervision, duration, and distribution of schedules mechanisms (within the maximums established in LFT).

In addition, a description and the amount that will be offered to the teleworker for the following concepts must be included in the contracts:

Adequate equipment and furniture

Employers must provide, install, and take care of the maintenance of the equipment necessary for the telework, such as computers, ergonomic chairs, printers, among others.

This new obligation presents a great challenge for employers due to the investment that this entails, apart from other additional difficulties such as the implementation of an adequate control and supervision of the equipment, since it is outside of the employer’s facilities or establishments.

Telecommunication and electricity services

Also, it is contemplated that the employer must pay the telecommunication services (internet), as well as the proportional part of the teleworker’s electricity. It is not yet clear how the payment will be carried out, nor the essential requirements for this expense to be deductible.

We must be attentive to the documents that the tax authority may require, so that this expense is not considered as part of the teleworker’s salary, in addition to knowing the procedure or basis to be used in order to determine the proportional part of the electricity that must be paid.

Collective labor agreement

Employers, who do not have a collective labor agreement, must include telework in their internal work regulations, establishing mechanisms that guarantee links and contact with the teleworkers.

Balance in the employment relationship, as well as the obligations and responsibilities of the employer and the teleworker

It seeks to provide the same treatment in terms of remuneration, training, education, social security, access to better job opportunities and other conditions, that the one established for workers in the presence mode.

Telework health and safety conditions 

These conditions will be determined by the Secretariat of Labor and Social Welfare through an Official Mexican Standard (NOM), guaranteeing the rights of teleworkers, such as respect for their intimacy, privacy and their right to disconnect at the end of the working day. Microphones and video cameras may be used exclusively to supervise telework in an extraordinary way or when the nature of the functions require it.

Establishment of a national advisory and/or training network

The promotion and encouragement of telework between social, private and public organizations by the labor authorities is established, in order to facilitate adaptation, learning and the appropriate use of information technologies. In the same way, the inclusion in this work dynamic is sought for young people, women, people with disabilities and seniors.

Official Mexican Standard

The President of Mexico will have a period of 18 months, as of the day the reform enters into force, to publish the Official Mexican Standard that rules the obligations in terms of safety and health at work.

The “home office” is here to stay, therefore, we believe that it is of high importance that companies seek to adapt little by little to telework, seeking to make their processes more efficient with information technologies.

This reform is pending its publication in the Official Federal Gazette; however, we suggest you review this information with your labor lawyers, in order to make the required changes in terms of telework.