New Mexican Home Office Regulation
On June 8, 2023, the Official Mexican Standard (NOM-037-STPS-2023) was published in the Official Gazette, which establishes the safety and health conditions that must be observed and complied with by employers (individuals or legal entities) in relation to workers who perform their work through teleworking or home office.)
Most important points of the New Home Office regulation
- NOM-037 is applicable to all workplaces in the country that have workers performing their work in the home office modality, i.e. when they perform forty percent (40%) or more of their activities remotely outside the workplace.
- Safety and health requirements and conditions are established in workplaces where employees carry out their activities remotely, to prevent accidents and occupational diseases that may occur.
- Similarly, the employer must implement a home office policy that complies with the provisions of the collective bargaining agreement, if applicable, in the internal work regulations of the company or in the individual employment contract.
- The employer must give the corresponding training to its staff that is developed in home office mode, through which they are made aware of the risks and hazards that may exist in the place where the home office is developed, as well as ergonomic and psychosocial risk factors to develop the activities in this mode (teleworking).
- Employers must provide their home office employees with the necessary supplies to develop their activities under the home office modality (chairs, desk, electronic communication items, computer, printer, consumables, etc.).
- The company must respect the privacy and the right to disconnection of workers who develop their activities through home office.
Entry into force
Mexican Official Standard 037-STPS-2023 entered into force on December 5, 2023, in accordance with the provisions of the decree (180 days after its publication).
In case of any doubt regarding the application of this standard, VTZ is at your disposal to assist you in the correct implementation of the standard.
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Rafael Alday
Of Counsel