Mexico: Labor-related rules for teleworking

Mexico: Labor-related rules for teleworking

A decree regarding teleworking (published in the official gazette and effective 12 January 2021) establishes the rules for this type of work and addresses the following points:

  • The concept of telework (the performance of paid activities in a place other than the employer's workplace on a regular basis, so that the physical presence of the worker at the workplace is not required, and with more than 40% of the work taking place at an address or place indicated by the employee)
  • Contractual requirements (the working conditions must be established in writing and define items such as the nature and characteristics of the work; the equipment and work supplies, a description and the amount that the employer will pay to the worker for payment of services at home related to telework, and supervision mechanisms, duration and distribution of hours)
  • Employer obligations (such as to provide, install, and take responsibility for the maintenance of work-related items including computer equipment, ergonomic chairs, printers, among other things)
  • Security and health at work (that is, ergonomic and psychosocial factors, among other risks that could cause adverse effects on the life, physical integrity or health of teleworkers)
  • Obligations of workers (to store and conserve the materials and tools provided by the employer)
  • Voluntary teleworking and return to in-person work (any of the parties has the right to return to face-to-face work)

Read a January 2021 report (Spanish) prepared by the KPMG member firm in Mexico

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