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Legislative Update: Mexico Telework-Safety and Health Conditions at Work

At People2.0, keeping our partners informed and prepared is our top priority. With this in mind, we would like to bring to your attention a recent legislative update regarding the Mexican Official Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work (NOM-037), which has significant implications on the EOR Mexico solution, specially concerning the work environment that must be offered to employees in the country. 

Understanding the Legislation 

NOM-037 formally creates the distinction between the company work environment where personnel develop their activities: on site, where the activities are carried out in person, and the remote workplace. Such distinction is important as it will set the obligations and requirements regarding health and safety conditions, which must be offered to the personnel in accordance with their working regime. The main goals behind the enactment of NOM-037 are to regulate and improve workplace safety and health conditions, prioritizing the personnel well-being. 

Key Provisions: 

  • Employers must establish a written telework policy that meets certain specific content requirements. Such a policy must, among other things: 
    • Establish communication mechanisms to avoid the isolation of teleworkers; and 
    • Establish work schedules that include the right to rest and disconnect. 
  • Employers with teleworking personnel must have a list of teleworkers and agreed workplaces and guarantee the confidentiality of this list. 
  • Teleworkers must receive training on occupational risks, including ergonomic and psychosocial risks, as well as on health and safety conditions. 
  • The employer must have initial and periodic checklists on safety and health conditions for teleworking that must be used in order to verify that the workplaces of teleworkers comply with the appropriate health and safety conditions. 
  • Training on occupational risks (including ergonomic and psychosocial risks, as well as on health and safety conditions) must be provided to the personnel in the beginning of the employment contract. 
  • Fulfilling certain requirements, an employer-employee committee for health and safety may be established, and compliance documents must be shared with the commission. 
  • Medical examinations are applicable and shall be performed at the beginning of the employment relationship. 
  • The employer must establish mechanisms for dealing with domestic violence. 
  • The new standard also establishes certain obligations applicable to the personnel, which include complying with the teleworking policy, keeping their work tools in good condition, observing occupational health and safety provisions, complying with policies and mechanisms for the protection of data and information, as well as informing employers about changes of address, among others. 

What It Means for You

Firms placing personnel in Mexico will need to comply with the new obligations and requirements introduced by NOM-037, such as: 

  • Adjusting the employment contracts with specific clauses regarding new and existing teleworkers. 
  • Update the telework policy fulfilling the new regulation requirements. 
  • Conducting periodic health/safety checklists and providing ergonomic setups. The employer must ensure the teleworker is provided with an ergonomic chair, as well as all necessary supplies for the performance of his duties. People2.0 will analyze the teleworker setup and if it’s not appropriate, People2.0 will provide it and inform/invoice the client for such a cost. 
  • Establishing mechanisms to address gender/domestic violence cases related to the personnel. 
  • Implementing medical exams to be performed in the beginning of the employment relationship, as a rule. 
  • Providing training on occupational risks (including ergonomic and psychosocial risks, as well as on health and safety conditions) at the start of assignments. 

Additionally, it is important that clients and end clients collaborate on assuring all personnel have healthy and safe work environment in accordance with People2.0 instructions. 

People2.0 provides guidance and support throughout the employment setup into our corporate structure. We offer tools and resources to facilitate compliance with NOM-037 among other relevant legislations. Partnering with People2.0 can ease the support necessary to your business success. 

Next Steps and Action Plan

Immediate Actions Taken: 

  • Identify the existence and which personnel are working under the telework modality in Mexico. 
  • Review policies, contracts and procedures to ensure compliance with NOM-037. 
  • Implement the necessary measures outlined in NOM-037, such as creating a list of teleworkers, developing policies, checklists, and providing training. 

Long-Term Strategies: Plan for ongoing compliance with NOM-037 altogether with relevant legislations and prioritize the personnel well-being in the employment arrangement, especially in the teleworking modality. 

Navigating Compliance Together

Our commitment to your success extends beyond just providing services; we are your partner in navigating the complexities of the evolving global talent marketplace. By staying proactive and informed about legislative changes like NOM-037, we can collaboratively ensure that all employment activities through our EOR solutions not only remains compliant but also thrives offering the best set-up to your company needs, and the personnel. Together, let’s continue to shape the future of work responsibly. 

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