What you need to know about
"Remote Work"
in México
Pandemic and Remote Work
Impacto por sectores
Home Office at Latin american countries, 2020
The pandemic caused millions of workers worldwide to adapt a space in their homes to work during lockdowns, preventing the spread of COVID-19.
The National Institute of Statistics and Geography (INEGI) measured the impact of COVID-19 on companies: in the initial months of the health emergency, 12% of organizations in Mexico implemented telecommuting as a measure to continue their operations.
In the publication "Percentage of people who have the possibility to work remotely in selected Latin American countries in 2019" by Statista Research Department (conducted before the COVID-19 pandemic), in Latin America, Colombia led the list with 45% of the surveyed workers. Argentina followed with 44%, and Mexico with 39%, in response to whether their employers allowed them to work remotely.
At a sector level, telecommuting is prevalent in higher-paid areas like professional, scientific, educational, and financial services, with over 80%. In sectors such as manufacturing or construction (where wages are lower), the possibilities of home office are less than 5%. The report "How Many Jobs Can be Done at Home?" conducted by prestigious academics from the University of Chicago, estimates that in Mexico, only 25% of jobs can be done from home, compared to more developed nations like the United States (37%), Switzerland, and the United Kingdom (both 40%).
During 2020, remote work in Mexico grew from 39% to 68%, positioning our country as the Latin American region most supportive of this work mode, forcing companies to accelerate their digital transformation strategies and face the significant challenges posed by this new labor scheme.
NOM037, Law Regulating Telecommuting
On July 15, 2022, the Ministry of Labor and Social Welfare (STPS) published the NOM-037-STPS-2022 [1] in the Official Gazette of the Federation (DOF), with the aim of regulating telecommuting in terms of safety and health in Mexico. This introduced new responsibilities for companies and employees. The NOM037 standard will apply to those employees with more than 40% of telecommuting.
Benefits of NOM037
Regulating telecommuting in companies and ensuring that workers have the necessary resources to fulfill their job functions remotely is a remote work scheme. The goal is to prevent physical, ergonomic, and psychosocial risks even when work is performed remotely, while also reducing absenteeism.
Employer Responsibilities
Some obligations established by the norm for companies or employers with telecommuting employees include:
Providing resources such as: work tools, computer equipment, ergonomic chairs, and IT security mechanisms.
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Covering electricity and communication (internet) expenses.
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Establishing a communication mechanism between employer and employee.
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Setting the start and end of the workday.
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Promoting work-life balance, ensuring telecommuters find equilibrium between work and personal life.
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Creating a telecommuting policy.
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Preventing work-related risks.
Employee Responsibilities
The main ones are:
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Having the necessary connectivity and technology, such as computer equipment and devices required for work and communication.
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Ensuring appropriate conditions at the telecommuting location, including the necessary safety and health measures to perform activities.
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Having a suitable telecommuting space, clean, organized, well-ventilated, well-lit, etc.
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Accepting physical inspections at each telecommuting location.
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Providing a checklist of safety and health conditions at the workplace.
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Notifying the employer in advance of any change of address.
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Participating in telecommuting training.
If you need guidance to implement controls for compliance with NOM 035 within your human resources system, contact us.