On January 11, 2021; the reform to article 311, as well as the addition of Chapter XII Bis to the Mexican Federal Labor Law with regards to remote working (the “Reform”), was published on the Federal Official Gazette. The purpose of the Reform is to regulate remote working, consisting of the performance of a subordinated […]
On January 11, 2021; the reform to article 311, as well as the addition of Chapter XII Bis to the Mexican Federal Labor Law with regards to remote working (the “Reform”), was published on the Federal Official Gazette.
The purpose of the Reform is to regulate remote working, consisting of the performance of a subordinated and remunerated work, in places different from the employer’s establishment, using primarily information and communication technologies. The provisions of the Reform shall apply in case that the services are performed under a remote working modality regularly and for more than the 40% of the time.
The Reform foresees the obligations for both employees and employers, as well as the elements that the individual employment agreements, collective bargaining agreements and internal work regulations must have under a remote working modality.
The Reform emphasizes that the shift from on-site rendering of services to a remote working modality must be: (i) voluntary; (ii) in writing; and (iii) with the possibility of reverting to on-site modality, except in cases of force majeure.
The employer must, among other obligations: (i) provide, install and take care of the maintenance of the equipment necessary for remote working; (ii) assume specific costs derived from remote working; and (iii) respect the right to “disconnect” at the end of the working schedule.
The Ministry of Labor and Social Welfare (“STPS”, for its acronym in Spanish) will set forth the special health and safety conditions for employees under a remote working modality, taking in consideration ergonomic and psychosocial factors, as well as any other risk. Likewise, the STPS may inspect companies with the purpose of verifying compliance with the provisions of the Reform.
The Executive Power will have a period of 18-months to issue the Official Mexican Standard that governs the safety and health obligations within remote working modality.
The Reform entered into force on January 12, 2021.
For more information please feel free to contact:
Francisco Peniche Beguerisse
Tels: (52-55) 4748-0670