Employment I August 24th, 2023

NOM-037-STPS-2023 Home Office

On June 8, 2023, the Mexican Official Rule NOM-037-STPS-2023, Home Office-Health and Safety Conditions in the Workplace, hereinafter the (“NOM”), was published in the Official Gazette. As mentioned in its title, this document establishes guidelines and requirements regarding safety and health conditions for employees working from home. 

These guidelines are intended to prevent accidents and diseases related to the performance of work-related activities from home, in addition to promoting a healthy and safe environment for employees working from home.

The NOM establishes certain obligations for both the employer and the employee in addition to those established in the Federal Labor Law.

The most relevant provisions of the NOM are the following: 

1. Employers must set forth in writing a work-from-home policy, which must:

   (a) establish mechanisms for remote workers to notify any changes in their address.
   (b) establish communication mechanisms to avoid isolation of remote workers.
   (c) determine clear work schedules, including rest periods.

2. The employer shall have an updated list of all employees working from home.
3. The employer shall have an initial and periodic checklist on remote work safety and health conditions to verify that the remote workplaces comply with the appropriate conditions. 
4. The employer must provide the remote worker an ergonomic chair and the necessary supplies for the performance of their duties such as computer, printers, paper, etc. 
5. Likewise, the employer must have mechanisms for attention in cases of domestic violence that include the return of the employee to an in person setting, whether temporary or permanent. 
6. The NOM also establishes obligations applicable to remote workers, including the obligation to comply with the employer’s remote work policy, comply with data and information protection policies and mechanisms, keep their work tools in good condition and report changes of address, among others.

This NOM will come into force as of December 2023, therefore, it is necessary to be aware of the guidelines and obligations contained therein to ensure compliance.