BASHAM NEWS

Mexican Official Standard NOM-037 on telework will be in full force shortly.

Mexico City, November 28, 2023.

A few days before its entry into force, it is important to remember one of the most relevant developments we have had in recent months on labor matters in Mexico: the publication of the Mexican Official Standard NOM-037-STPS-2023. Telework – Safety and health conditions in telework (NOM-037), published on June 8, 2023.

Amongst the most important obligations for the employer are:

  1. Keeping an updated list of employees under the telework modality including particular information.
  2. Ensure that the workplaces where services are performed comply with specific health and safety conditions.
  3. Validating the «Checklist on conditions of safety and health in telework».
  4. Establishing a procedure to change from on-site to telework and vice versa.
  5. Providing ergonomic chairs and other devices that are necessary for the performance of the employees’ work.
  6. Create and document programs regarding the maintenance to electronic equipment furnished to teleworkers.
  7. Provide training to teleworkers on safety and health conditions that must be kept in their workplace, at least once a year.
  8. Practice medical examinations corresponding to employees in accordance with the NOM-030-STPS-2009 (Preventive services of safety and health at work-Functions and activities), and to provide updates to reports occupational risks.
  9. Having protocols in place for cases of domestic violence.
  10. Having a Telework Policy.

Most of the provisions of the NOM-037 refer to the role of the Safety and Hygiene Commission in the verification of the health and safety conditions in the place where teleworkers perform their duties. It also highlights the obligation to have a Telework Policy, which must be prepared by the employer, based on a gender perspective, as well as contemplating the necessary mechanisms for the protection of its employees.

NOM-037 will be in full force on December 8, 2023, therefore employers only have a few days left before labor authorities may verify its compliance.

This informative note was prepared with the support of Gabriela Guadarrama García.

The attorneys of the labor and employment practice of Basham, Ringe y Correa, S.C., remain at your service in case you have any questions or comments.

Sincerely,

Jorge G. De Presno Arizpe

jorgedepresno@basham.com.mx

David Puente Tostado

dpuente@basham.com.mx

Luis Álvarez Cervantes

lalvarez@basham.com.mx