Mexico City, December 10th, 2020.
On December 8th, 2020, the plenary session of the Chamber of Deputies discussed and passed, in general terms, the bill to amend various provisions of the Federal Labor Law in order to regulate telework / home office, by which it is proposed to reform article 311 and to add a new chapter XII to the law in the following terms:
i. Include the definition of «telework/home office», which must be understood as a form of a subordinated organization that consists in the performance of remunerated activities in locations other than the employer’s workplace. Physical presence in the establishment of the employer is not required under the telework/home office modality and the use of information and communication technologies shall be used to maintain contact and give instructions to the employee under the telework/home office modality.
ii. An «Employee under the telework/home office modality», must be understood as the individual that provides a personal, remunerated and subordinated service in a place other than the company’s facilities or workplace using information and communication technologies.
iii. Telework/home office will be considered when less than 40% of the work is performed outside of the workplace.
iv. It must be guaranteed that employees under this modality are granted with the same employment rights as those who provide their services in person at the workplace.
v. Occasional and random work outside of the workplace will not be considered telework/home office.
vi. Terms and conditions of telework/home office must be put writing in an employment contract and each of the parties shall keep a copy.
vii. Collective Bargaining Agreements must include this modality. Employers must guarantee that teleworkers are aware that they are entitled to freedom of association and collective bargaining negotiation.
viii. Provisions related to telework/home office must be also included in the corresponding Internal Work Rules.
ix. Guarantee of ability to change or revert to in-person work modality to ensure the rights of employees under the telework/home office modality, in relation to on-site employees.
x. Specific obligations for employers:
- They must provide all necessary means, resources and tools for employees to perform their work, such as computers, ergonomic chairs, printers, among others, and to take charge of their maintenance.
- Provide training for the use of information and communication technologies.
- Assume expenses and costs derived from telework/home office that originate during the work schedule, including payment of telecommunication services and a pro-rata portion of the electric utility bill.
- Guarantee the right to disconnect.
- Promote balance between work and personal life.
- Guarantee the right to privacy and personal data protection and to limit the circumstances under which video cameras and microphones may be used.
xi. Specific obligations for teleworkers:
- To take care, safeguard and preserve of supplies provided to perform their work.
- To abide and comply with provisions related to health and safety at work.
- To protect and maintain confidentiality of the information used to perform their duties.
xii. The Ministry of Labor and Social Welfare will issue an Official Mexican Standard related to health and safety conditions in the telework/home office modality. This in order to clarify the assumptions, terms and conditions to determine occupational hazards, among other related provisions.
xiii. Special authority related to the inspection in the work, to review compliance measures of the special obligations of the telework modality.
The bill was returned to chamber of origin – the Senate – for purposes of discussing only the additions made by the Chamber of Deputies, without allowing any alterations to the approved articles. If the additions are approved by the absolute majority of the votes present in the chamber of origin, the bill will then be sent to the President of Mexico to continue with the legislative process for its enactment or veto, as the case may be.
The Partners of our Labor Law Practice, together with the associates of these remain at your orders to specify the necessary.
S I N C E R E L Y,
Jorge De Presno