We inform you that today the Decree amending Article 311 and adding Chapter XII Bis of the Federal Labor Law, regarding remote work (hereinafter, the Reform), was published in the Official Gazette of the Federation; provisions that will enter into force tomorrow.
The main aspects of the Reform are the following: a) It establishes that remote work (teletrabajo) consists of the performance of remunerated activities in places other than the employer's establishment, primarily using information and communication technologies for contact and direction between the worker and the employer. b) It imposes on the employer, among other obligations, the obligation to pay workers for telecommunications services (internet) and a proportional part of electricity, as well as to provide them with the tools and equipment necessary to carry out their activities. c) The safety and health conditions in remote work must be developed and regulated by an Official Mexican Standard (Norma Oficial Mexicana), which, in accordance with the transitory provisions of this Decree, must be issued within a period no longer than 18 months. d) It determines that, in order to be considered remote work, employees will need to work more than 40% of the time under the remote-work modality; that is, work performed occasionally or sporadically will not be considered remote work. e) It establishes that the conditions under which the remote-work modality will be carried out must be set out in writing. It is important to note that, in our note of December 9, 2020, we detailed the aspects of the text of this Reform, and you may consult that note here. Likewise, to consult the full text of the Decree, consult the main page of the Official Gazette of the Federation at this link. We remind you that it is important for companies to prepare and implement policies related to remote work (home office), include the relevant clauses in the individual employment agreements corresponding to workers subject to this modality, as well as in collective bargaining agreements and/or internal work regulations; therefore, we remain at your service to assist you with this matter. We will remain attentive to the issuance of the Official Mexican Standard and will keep you informed in this regard. For further information, please 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
