Yesterday, the Labor and Social Welfare Committee and the Legislative Studies Committee of the Chamber of Deputies approved the report amending and adding various provisions to the Federal Labor Law regarding Telework, a topic that gained relevance due to the health emergency we are experiencing and that remained pending in the labor reform of May 1, 2019.
In general terms, the most relevant changes are the following: (i) the definition of “Home Work” is amended (added in the comprehensive reform of the Federal Labor Law of 2012); (ii) Chapter XII Bis is added, in which the concepts of “Telework” and “Teleworker” are defined; and (iii) the minimum elements that the telework agreement must contain are stipulated, such as the conditions of the service, the technological and environmental resources required, the responsibilities for the custody of equipment, programs and handling of information provided by the employer, procedures for supervision and delivery of the work, as well as computer security and productivity measures. Additionally, the transitional articles establish that, within a period of twelve months from the entry into force of the Decree, the following must be done: (i) create the “National network for the promotion and encouragement of telework” to promote telework among social, private and public organizations, in order to facilitate the labor inclusion of young people, women, persons with disabilities and older adults; and (ii) establish the guidelines for determining the accidents or illnesses related to the performance of the work of insured persons included in telework arrangements. The reform bill is still being processed and is pending approval, so we will remain attentive to it and will inform you when it is approved and can enter into force. Notwithstanding the foregoing, and taking into consideration the situation we are going through, it is important that companies have “home office” policies or guidelines that establish clear rules and parameters for carrying out activities. For further 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
