The Ministry of Labor and Social Welfare (STPS) has already approved and published NOM-037 on teleworking in the Official Gazette of the Federation (DOF).
Let us begin by recalling that in 2021, the Federal Labor Law (LFT) approved its regulation, but the regulatory secretariat had yet to publish it.
What does NOM-037 on telework consist of?
This NOM is intended to protect all workers who work in this modality, which has been spreading in our country since the COVID-19 pandemic, and not only that, it is here to stay.
Important points of NOM-037
The Ministry of Labor and Social Welfare highlighted 5 points to take into account:
- Applies to all employees who work more than 40% of their time under the telework modality. It includes concrete obligations for employers to provide the necessary tools to perform the work (from the payment of the proportional payment of internet and electricity, computer, chair, to the printer, ink or any other necessary tool).
- The right to disconnection. This means complying with the working day and avoiding excessive working hours.
- On the part of the employees, they are obliged to have an adequate and safe place to work. The NOM-037 has a list to make a self-verification to identify if there are good conditions such as ventilation, lighting, or excessive noise that could generate ailments in the future.
- Despite the fact that it is a telework modality, they have exactly the same rights as the rest of the workers, both individually and collectively; that is to say, the right to unionize, to collective negotiation and to be able to have connection with their own collaborators.
It is important to mention that, with this, companies have 180 days to comply with these new obligations.
In addition to the obligations we touched on, what other implications do you think NOM-037 on telework has for employers?
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See you next time!
