Having the right to disconnection at the end of the working day, providing the employee with the necessary equipment to do their jobs or including a gender perspective in collective contracts, are some of the changes in the reforms to the Article 311 of the Federal Labor Law on Teleworking or Home Office (Teleworking Law) that entered into force in Mexico this Monday 11 of January of 2021.
In the Official Gazette of the Federation of Mexico the details of the obligations that companies and employees have when using the Home Office.
Decree amending the article 311 and chapter XII Bis of the Federal Labor Law is added, regarding Telework. https://t.co/F1cmbr1oUw pic.twitter.com/QAgl6Q0S6d
– Official Gazette DOF (@DOF_SEGOB) January 11, 2021
It is so when the work is done in more than one 40 percent at the employee’s domicile or a freely chosen location, without direction or supervision by the contractor, the employer must provide, install and take care of the maintenance of computer equipment, ergonomic chairs, printers, among others.
This in addition to uniting costs of telecommunications services and a proportional part of electricity.
They must also enroll home office employees in a social security scheme and have training and advice mechanisms on the proper use of information technologies.
Also they must implement information and data security mechanisms and a record of the supplies delivered. remote collaborators.
Workers must keep the assigned equipment, inform in a timely manner the costs of Telecom and electricity services , adhere to the provisions of the company in terms of health and safety and meet monitoring and protection mechanisms of information.
The rights and obligations when doing Home Office in Mexico
Teleworking is a subordinate labor organization that consists of carrying out paid activities, in a place other than the employer’s establishment, therefore that the physical presence of the employee in the workplace is not required.
It differs from home work, which is that which is usually carried out for an employer, at the employee’s home or in a place freely chosen by him, but without supervision or immediate direction of the person providing the work.
It will not be Teleworking is considered to be that which is carried out occasionally or sporadically: the new provisions will apply to labor relations that take place more than 40 percent of the time at the employee’s home.
The Official Mexican Standard (NOM) that governs the obligations in terms of safety and health for The Home Office will be published in a period not exceeding 18 months.
All in writing; ‘Papelito talks’
The Home Office conditions must be stated in writing by means of a contract , and each of the parties will have to keep a copy.
The parties will have the right of reversibility to face-to-face work, for which they may agree on the necessary mechanisms, processes and times to make the return to this modality valid.
Teleworking must also form part of the collective bargaining agreement that may exist between unions and companies, and a copy must be delivered free of charge to each of the employees under this modality.
Employers who do not have a collective contract must include Telework in their internal regulations, and establish mechanisms that guarantee the link and contact between workers who work in home office.
Conditions that must be in writing
– N Name, nationality, age, sex, marital status, Unique Population Registry Code (CURP), Federal Taxpayers Registry (RFC) and address of the worker and employer.
– Nature and characteristics of the work: the service or services to be provided, which will be determined with the greatest possible precision.
– If the work relationship is for a specific work or time, by season, of initial or indefinite training and, where appropriate, if it is subject to a trial period.
– The place where the work is provided, the contact mechanisms and supervision between the parties, as well as the duration of the day and distribution of schedules, provided that they do not exceed the legal maximums
– The salary and the form of remuneration (the description and amount that the employer will pay to the worker under the teleworking modality for the payment of services at home), as well as the day or date and the place of payment.
– Other working conditions, such as days off, vacations and others agreed by the worker and the employer.
-The equipment and work supplies, including that related to the health and safety obligations that are delivered to the worker under the telework modality.
As of 11 January 2021 came into force the new rules that regulate #TeleTrabajo in the #LFT.
Learn more about your rights in this new work modality:
👉 https://t.co/hNH3BqP5vm pic.twitter.com/KKJsZd8SMY
– STPS México (@STPS_mx) January 14, 2021
The obligations of the employee and the employer
Workers in Home Office have the right to enjoy the same conditions and treatment as face-to-face employees , that is, those who provide their services at the company’s headquarters.
Likewise, companies must observe a gender perspective that allows reconciling personal life and the availability of workers under the teleworking modality in the working day.
The mechanisms, operating systems and any Technology used to supervise the home office must be proportional to its objective, guaranteeing the right to privacy of workers.
Solam entity, video cameras and microphones may be used to supervise the home office in an extraordinary way or when the nature of the functions performed by the employee under the telework modality requires it.
Employers’ obligations
– Provide, install and take care of of the maintenance of the equipment necessary for Teleworking such as computer equipment, ergonomic chairs, printers, among others
– Receive work in a timely manner and pay salaries in the form and stipulated dates
– Assume the costs derived from the work through the Telework modality, including, where appropriate, the payment of services of telecommunication and the proportional part of electricity
– Keep a record of the supplies delivered to workers under the Telework modality, in compliance with the provisions on safety and health at work established by the Ministry of Labor (STPS).
– Implement mechanisms that preserve the security of information and data used by workers in the teleworking modality.
– Respect the right to disconnection of workers in the telework modality at the end of the working day.
– Register workers in the modality of teleworking to the compulsory social security regime.
– Establish the training and advisory mechanisms necessary to guarantee the adaptation, learning and appropriate use of information technologies for workers in the telework modality, with special emphasis on those that change from face-to-face modality to telework.
The obligations of the Employees
– Take the greatest care in the storage and conservation of equipment, materials and supplies received from the employer.
– Provide timely information on the agreed costs for the use of telecommunications services and electricity consumption, derived from teleworking.
– Obey and Be conducted in accordance with the occupational health and safety provisions established by the employer.
– Attend and use the mechanisms and operating systems to supervise their activities.
– Attend the data protection policies and mechanisms used in the performance of their activities, as well as the restrictions on their use and storage.
In case of If the owners of the companies do not comply with the new provisions, employees may receive advice or file a complaint through the Federal Attorney for the Defense of Labor of Mexico, PROFEDET, and on its website https: //procuraduriadigital.stps .gob.mx /.
📌 At @PROFEDET we improve the telephone service, for guidance and advice free labor legal guidance.
Call us!
☎️PROFEDET: 800 717 29 40 / 800 911 78 77 77 / 55 59 98 20 00 Ext. 44740 and 44741 pic.twitter.com/RgID1fgiAO
– PROFEDET (@PROFEDET) January 11, 2021
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