On July 15, 2022, Mexico’s Federal Official Gazette published the Ministry of Labor and Social Welfare’s (STPS) draft of NOM (Official Mexican Standard)-037 STPS, which, if adopted, would implement protective measures for teleworkers (remote workers) and their workspaces.
The draft standard aims to establish basic conditions and specific measures to prevent teleworkers’ occupational diseases and accidents that could endanger their physical integrity, life, and health.
With this potential amendment to the Federal Labor Law, employers would be required to comply with certain obligations, such as agreeing with the employee on a place of work and ensuring the site has connectivity so that information and communication technologies could be properly used and managed. Additionally, the site would have to have reliable electricity, lighting, ventilation, and ergonomic conditions, and the employer would have to verify the presence of these conditions and ensure a safe workplace that allows for an employee’s development and continuity.
Employers would be required to create a written Telework Policy that outlines risk prevention methods, provides mechanisms for employees to avoid isolation, and states any other rules that ensure teleworkers are being supervised without violating their privacy.
The Policy also would have to state the length of the work schedule and list the guaranteed labor rights and conditions. Employers also would...
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