Notas Informativas

MEXICAN OFFICIAL STANDARD-Telework

James

On Thursday, June 8, 2023, the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) published in the Mexican Official Gazette, the Mexican Official Standard NOM-037-STPS-2023, Telework- Conditions of Safety and Health at work, which establishes the obligations of the employer, of the employees under telework modality and the conditions of safety and health at work.

Among the obligations of the employer, we find the following:

• Have a list of the employees in telework modality.

• The workplaces must have connectivity and have the conditions of safety and health at work.

• A written telework policy must be established that complies with the provisions of the collective employment agreement or the internal labor regulations, establishing the duration of the agreed working hours, including the right to rest breaks and disconnection.

• Inform employees about the risks related to telework and the potential exposure to agents and risk factors.

• Have a Checklist of safety and health conditions in telework.

• Establish the process to change from in-person work to telework modality and vice versa.

• Provide the employee with an ergonomic chair and the necessary supplies to fulfill the work.

• Provide training to the employees at least once a year and give maintenance to the equipment.

• Perform the corresponding medical examinations and have mechanisms for addressing cases of domestic violence.

Likewise, NOM-037-STPS-2023 indicates the obligations that must be fulfilled by persons working under the telework modality, including:

• Complying with the telework policy.

• Reporting any alteration of the safety and health conditions at work that hinder the development of telework.

• Safeguarding and maintaining in good condition the equipment, materials, tools, and ergonomic furniture provided by the employer to carry out telework.

• Observing the provisions regarding safety and health at work and undergoing medical examinations.

• Complying with the employer's data protection and information security policies and restrictions on their use and storage.

• Notifying the employer in writing of any change of permanent or temporary address to the agreed-upon place of work.

• Participating in risk information processes related to their telework activities and the training provided by the employer, as well as attending inperson or virtual meetings organized to prevent social isolation.

• Reporting work-related risks suffered.

NOM-037-STPS-2023 also establishes safety and health conditions at work to prevent occupational hazards caused by physical agents, ergonomic risk factors, and psychosocial risk factors.

The Mexican Official Standard 037 will come into force in December 2023 and can be consulted at the following link:

https://www.dof.gob.mx/nota_detalle.php?codigo=5691672&fecha=08/06/2023#gsc.tab=0

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