On June 8, 2023, the NOM-037-STPS-2023 Telework-Safety and health conditions at work (the Standard) was published in the Federal Official Gazette (DOF).

The Standard will enter into force 180 calendar days after its publication in the DOF and is of general application throughout the country for workers who work outside the workplace, through communication and information technologies.

Among the most important points of the Standard to consider are the disconnection by workers from communication tools, such as computers and cell phones. Likewise, like workers who work in company offices, those who do so through teleworking have the right to vacations, holidays, time for meals, breastfeeding (in the case of working mothers), permits, licenses, among others. Similarly, companies shall formulate a teleworking policy.

Among the obligations of workers under the teleworking scheme, in accordance with the Standard, they shall (i) authorize the Safety and Hygiene Commission to verify the safety and health conditions in their workplace; (ii) comply with the teleworking policy; (iii) inform the employer or Safety Commission of any change in safety conditions; (iv) safeguard and keep the work equipment in good condition; (v) inform the employer and the Safety Commission of the work risks suffered; among others.

On the other hand, the employer shall have the obligation to contract the services of an accredited and approved Inspection Unit, to evaluate compliance with the Standard. The Inspection Units that assess compliance with the Standard shall apply the compliance criteria provided for in the conformity assessment procedure, in accordance with the provisions of Chapter 10 of the same Standard.

With the Standard, a series of unknowns that had been presented with teleworking derived from the pandemic are cleared up, since the teleworking was implemented as an emergency condition to continue the work processes in the companies.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.