These are the new rules for the home office in Mexico

13/01/2021

As of January 11, 2021, the new rules for performing home offices are in effect in Mexico, after the Federal Labor Law was reformed to include new rules for companies to follow so that their employees can perform their tasks at home.

The confinement, derived from the COVID-19 pandemic, has allowed faster regulation of work at home, so the legislature approved these modifications that even define teleworking as the activities performed by employees in facilities other than those your company has to perform their tasks. The definition of a home office also includes assignments for which new communication and information technologies are required.

The modality of working from home will have to be part of the collective contract in case there are unions, otherwise, it must be included in the internal work regulations. In addition to defining the salary, dates, and forms of payment, job description, equipment, and supplies necessary to perform the work.

Obligations of employers if their workers do home office

They must provide, install, and maintain the necessary equipment such as computer equipment, ergonomic chairs, printers, etc.

Pay wages in a timely manner.

Assume the costs derived from the home office as the payment of telecommunication services (internet) and the proportional part of electricity.

You must keep a list of the supplies given to the workers

Implement mechanisms that preserve the security of information and data used by workers.

Respect the right of the worker to disconnect once their workday is over.

Register the workers in the social security system.

Provide training and advice to ensure adaptation, learning to use the technology used.

Obligations for workers who perform the home office

Maintain in good condition the equipment, materials, and supplies received from the employer.

Inform about the agreed costs for the use of telecommunication services and electricity consumption derived from the home office.

Attend and use the mechanisms and operating systems for the supervision of their activities.

Attend to the policies and mechanisms for data protection, as well as restrictions on its use and storage.

Employees have the right to disconnect, i.e., not to participate in communication via digital platforms (WhatsApp messages, phone calls, or emails) where work-related issues are discussed.

This way, if you perform home office these are the new rules to be able to comply with the new modifications to the Federal Labor Law regarding Home Office.