The current pandemic has resulted in thousands of people working from their homes. A significantly big change that arises the need to adjust the work/employment relationship between employers and employees.
On December 8th, the Mexican Chamber of Deputies approved the modifications and additions made to the Federal Labor Law regarding regulation matters of telework., whichis defined by the law as the provision of services by the employee in a place that differs from the perimeters of the company or workplace of the employer, using mainly information and communication technology to comply them. In addition, to be considered as telework, it is required that at least 40% of the working day is carried out from home.
The new regulation, which came into force on January 12th after being published in Mexico’s Federal Official Gazette, establishes that the general working conditions of telework must be stipulated in the labor contract. This contract must include the sum that the employer will pay telework (which cannot be inferior to the one earned by an employee operating on-site). The contact and supervision mechanisms between the parts and the working hour distribution, among others.
Furthermore, according to the amendment to Article 311 and the addition to Chapter XII BIS of the law, the employers have an obligation to provide and maintain in good shape the equipment necessary for the fulfillment of tasks at home, such as printers, computers, ergonomic chairs, stationery, among others. It also establishes the proportional payment -from the employer- for the phone, electric, and Internet services for the employees who perform from home.
The obligations to the employer also include the implementation of procedures to preserve the security of information and data, to train their employees accordingly for them to be able to use the new technologies, and to keep track of the input materials provided to the employees.
On their behalf, the modifications incorporated by the regulations establish a series of obligations for the employee, such as the responsible use of the equipment and materials provided for them, respecting the dispositions regarding health and safety, the protection of the data utilized during the performance of their duties, and to report in due course on the agreed costs relating the use of phone, electric and Internet services.
In the field of labour rights, the law establishes the return guarantee (reversibility) from on-site mode to telework, the promotion of good balance among working relationships, the right to be registered in the Mexican Social Security Institute (IMSS) as formal employees, and the protection of privacy and disengagement once the working day is over. Furthermore, the regulation assures the existence of a gender perspective that conciliates personal life and the availability of female employees.
The reform also indicates that the Secretariat of Federal Labor will have 18 months, from the moment in which the new telework law comes into effect, to emit a new Official Mexican Regulation (NOM) of required compliance in order to regulate both safety and health aspects in telework.
Furthermore, the fulfillment of these obligations, which derive from telework, contains attributions and special duties, and failing to regulations, according to each case, establishes different fees which can sum up from 50 UMA’S (Mexico’s unit of measure and upgrading).