On January 11, 2021, the decree which amends article 311 and adds chapter XII Bis to the Federal Labor Law was published in the Mexican Official Gazette of the Federation.
This amendment and addition deals with teleworking, and it defines it as the performance of remunerated activities in places other than the work center. Teleworking is possible using information and communication technologies (“ICT”). Key points are summarized below:
Employer’s obligations:
Provide, install and maintain the equipment needed to perform the telework;
Absorb all costs related to telework, including the payment of the employee’s telecommunication services and a portion of the employee’s electricity bills;
Implement mechanism that preserves data security;
Respect the employee’s right to be disconnected at the end of the working hours;
Register employees in the mandatory social security regime, and
Train and advice employees to guarantee adaptation, learning, and proper use of ICT.
Employee’s obligations
Keep and conserve the equipment, materials, and supplies received from the employer.
Provide timely information on telecommunication and electricity costs;
Observe and use the instruments and operative systems for activity supervision;
Comply with the policies and mechanisms for data protection.
Main features
Employees that work more than 40% of their shift in places other than the work center, will be subject to this modality.
U·Use of video cameras and microphones for supervision purposes is only allowed in an extraordinary manner or when the nature of the work so requires it.
Change from working at the workplace to teleworking must be voluntary and formalized in writing with the right to reversibility.
Employment contract must detail all the conditions related to rendering the services in this modality.
At Toulet & Gottfried we can provide advice regarding this and other labor matter. Please do not hesitate to contact us, so that we can assist you with this and other matters.
Tomás A. Edison 1510-201 Cd. Juárez, Chihuahua 32300 P.O. Box 9398, El Paso, TX 79995
México: (656) 627.0000 US Direct line: (915) 613.0192
recepcion@toulet-gottfried.com
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