Telework reform initiative approved

It is important to note that the Initiative was approved in the following terms: A. It establishes that telework consists of the performance of remunerated activities in places other than the employer's establishment, using primarily information and communication technologies for contact and direction between the worker and the employer. B. It establishes that, in order to be considered telework, the following will be required: • That employees work more than 40% of the time under the telework arrangement, that is, work performed occasionally or sporadically will not be considered telework. C. It establishes that, in addition to the traditional requirements of an employment contract, the telework contract must consider, among other things, the following: • The equipment and work tools provided to the worker. • The description and amount that the employer will pay the worker for services related to telework (telecommunications services (internet) and electricity). • The mechanisms of supervision between the parties, as well as the duration and distribution of working hours, provided they do not exceed the legal maximums. D. According to the approved text, employers will have the following obligations: • To provide, install and be responsible for the maintenance of telework equipment. • To assume the costs derived from telework, including the payment of telecommunications services and the proportional part of electricity. • To keep a record of supplies delivered to workers under the telework arrangement. • To implement mechanisms that preserve the security of the information and data used by workers. • To respect workers' right to disconnect at the end of their working day. • To establish the training and advisory mechanisms necessary to guarantee the adaptation, learning and proper use of information technologies. E. On the other hand, according to the approved text, workers will have the following obligations: • To take greater care in the safekeeping and preservation of equipment, materials and tools. • To promptly report the costs for the use of telecommunications services and electricity consumption. • To comply with occupational health and safety provisions. • To use the mechanisms and systems for the supervision of their activities. • To adhere to data protection policies and mechanisms. F. The change from an in-person arrangement to telework must be voluntary and established in writing, except in verifiable cases of force majeure. Likewise, the telework arrangement may be reversible for both parties. G. The mechanisms, systems and technologies for supervising telework must guarantee individuals' right to privacy and must respect the applicable legal framework on the protection of personal data. Cameras and microphones may only be used for the supervision of telework on an extraordinary basis or when the nature of the work so requires. H. It is established that the health and safety conditions in telework must be developed by an Official Mexican Standard and that the employer must promote equality between teleworkers and in-person workers. I. It indicates that the telework arrangement must form part of the company's collective bargaining agreement. On the other hand, in the absence of a collective bargaining agreement, telework matters must be included in the internal work regulations. This Initiative will be referred to the Chamber of Senators for its discussion and approval. Nevertheless, it is important that companies begin to develop and implement policies related to telework (home office), as well as to include the relevant clauses in the corresponding individual contracts of workers subject to this arrangement, in collective bargaining agreements and/or internal work regulations. For additional information, contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx