On January 11, 2021, the Resolution amending Article 311 and adding Chapter XII Bis of the Federal Labor Law (LFT), regarding Telecommuting (the Resolution), was published in the Federal Official Gazette.

Telecommuting became a common practice in Mexico derived from the pandemic caused by COVID-19. One of the most important points that the LFT regulates in the matter of Telecommuting through the Resolution, are the special obligations of employers, among which are the following: (i) provide, install and take care of the maintenance of the necessary equipment to Telecommuting as computers, ergonomic chairs, printers, among others; (ii) assume the costs derived from work through this modality, including, where appropriate, the payment of telecommunication services and the proportional cost of electricity; and (iii) respect the right of workers to disconnect at the end of a working day.     

In addition, the second transitory article of the Resolution, established a maximum term of 18 months from its entry into force, for the issuance of a regulation that complements the provisions of the LFT. A relevant question that we can ask ourselves is how is the development of this regulation going 9 months after the commitment of its issuance has been assumed?

On the other hand, it is important to make a diagnosis regarding the following: (i) are the provisions established in chapter XII Bis of the LFT being fully complied with since its entry into force?; and (ii) what are the ergonomic and psychosocial conditions of the workers who are working under the new Telecommuting modality?

Finally, it is important to note that chapter XII Bis of the LFT provides as a responsibility of employers to verify due compliance with the special obligations established in the chapter itself. Therefore, companies must establish control mechanisms, either digitally or physically, to prove that they are complying with the Telecommuting provisions of the LFT and thus have clear elements when a labor audit is presented.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide more information regarding the regulation of Telecommuting in Mexico, as well as any personalized legal advice you may require.