Draft of the Official Mexican Standard 037 Regulation of Home Office

Article

Draft of the Official Mexican Standard 037 Regulation of Home Office

March 30, 2022
Francisco Trejo Gutiérrez

On February 23, 2022, the Ministry of Labor and Social Welfare (STPS), through its head Luisa Alcalde, submitted the Draft of NOM-037-STPS Conditions of Safety and Hygiene at Work (the Draft of NOM 037).

The Draft of NOM 037, aims to establish the prevention conditions to avoid physical, ergonomic and psychosocial risks during the performance of home office tasks, as well as to adequately regulate this work modality.

The head of the STPS asserted that the Draft of NOM 037 will not only protect employees, but will also provide certainty to employers about the conditions in which they can establish this type of work, stating that they will be attributed, among others, the following obligations.

* Establish the start and end of the working day.

* Determine the contact mechanisms between employer and employee.

* Have a gender perspective that makes it possible to reconcile the personal and family life of employees.

* Provide employees with ergonomic equipment.

* Grant inputs to employees for their best performance during home office.

* Establish the possibility of returning to a face-to-face work modality.

With the submission of the Draft of NOM 037, the work related to the issuance of the secondary regulation on home office began, whose conclusion was foreseen within a period of 18 months counted from the publication of the labor reform resolution in the Federal Official Gazette on January 11, 2021.

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 the personalized legal advice that you require.