Littler Global Guide - Mexico - Q3 2023

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New Standard for Telework Safety and Health Conditions

Legal Compliance

Authors: Erick Fernández Mata, Associate, and Monica Schiaffino, Shareholder – Littler

On June 08, 2023, the Ministry of Labor and Social Welfare published the Official Mexican Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work in the Official Gazette of the Federation. This new standard, which enters into force on December 5, 2023, establishes the obligations and requirements for health and safety conditions for those employees working under a teleworking scheme.

The standard creates various important obligations for employers including, but not limited to, establishing a written telework policy, providing training to teleworkers on occupational risks, as well as carrying out a verification of the remote workplace to ensure it meets the necessary safety and health conditions and implementing accommodations when required. The new standard also establishes certain obligations applicable to employees, including 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.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.