sensei
13/01/2021
TELEWORKING AMENDMENT
Today, January 11, 2021, the labor amendment on Teleworking has been published.
TELEWORKING is defined as a form of subordinate labor organization that consists of the performance of paid activities, in places other than the employer’s establishment, so the physical presence of the worker in the workplace is not required, using information and communication technologies for contact and command between the worker and employer.
If the worker provides his services outside the work center on an occasional or sporadic basis, he will not be considered as a teleworker. However, if he has more than 40% of his time developing his work in different place of the work center, then he will be considered as a teleworker.
It is established that the employer will have the following obligations
- Provide, install and maintain the necessary equipment for teleworking (computer equipment, chairs, printers, etc.).
- Assume costs derived from the work, including, the payment of telecommunication services and the proportional part of electricity.
- Keeping records of the inputs given to the workers.
- Implement mechanisms that preserve the security of information and data used by workers.
- Respect the right of workers to be digitally disconnected at the end of the working day.
Mechanisms, operating systems and any technology may be established to monitor teleworking, guaranteeing the right to privacy and protection of personal data. Video cameras and microphones may only be used extraordinarily to monitor teleworking or when the nature of the work so requires.
The amendment will become effective as of tomorrow and, as to health and safety obligations, the Executive must issue an Official Mexican Standard within a term of 18 months to publish it.
TELEWORKING AMENDMENT
sensei
13/01/2021
Today, January 11, 2021, the labor amendment on Teleworking has been published.
TELEWORKING is defined as a form of subordinate labor organization that consists of the performance of paid activities, in places other than the employer’s establishment, so the physical presence of the worker in the workplace is not required, using information and communication technologies for contact and command between the worker and employer.
If the worker provides his services outside the work center on an occasional or sporadic basis, he will not be considered as a teleworker. However, if he has more than 40% of his time developing his work in different place of the work center, then he will be considered as a teleworker.
It is established that the employer will have the following obligations
- Provide, install and maintain the necessary equipment for teleworking (computer equipment, chairs, printers, etc.).
- Assume costs derived from the work, including, the payment of telecommunication services and the proportional part of electricity.
- Keeping records of the inputs given to the workers.
- Implement mechanisms that preserve the security of information and data used by workers.
- Respect the right of workers to be digitally disconnected at the end of the working day.
Mechanisms, operating systems and any technology may be established to monitor teleworking, guaranteeing the right to privacy and protection of personal data. Video cameras and microphones may only be used extraordinarily to monitor teleworking or when the nature of the work so requires.
The amendment will become effective as of tomorrow and, as to health and safety obligations, the Executive must issue an Official Mexican Standard within a term of 18 months to publish it.
