On June 8, 2023, the Official Gazette of the Federation, [in Spanish: el Diario Oficial de la Federación] (DOF), published NOM-037-2023 relating to Teleworking, which establishes safety and health conditions in the workplace. This regulation will come into effect on December 5, 2023.

Teleworking, a mode of working that has gained prominence in recent times, will be governed by this new regulation, which aims to establish the minimum requirements for its implementation. 

Here are some of the key takeaways of NOM-037 that we have highlighted:

Definition of Teleworking:

NOM-037 defines teleworking as a form of work organization that is performed remotely, which utilizes information and communication technologies. This mode of working allows workers to perform their tasks from home or from some other offsite location other than the traditional workplace.

Telework Agreement:

The regulation that establishes telework must be agreed on voluntarily between the employer and the worker. Both parties must sign an agreement that states the specific conditions, such as the schedule, responsibilities, method of communication, and other relevant aspects. 

Rights and Obligations:

NOM-037 guarantees that workers who carryout teleworking have the same rights and obligations as those who work in person. This includes the right to health and safety in the workplace, respect for the workday, and payment of wages and benefits, among other aspects. 

Risk Assessment:

Employers must perform a specific risk assessment for workers who carryout teleworking.

Equipment and Tools:

Employers are responsible for providing the necessary equipment and tools so that workers may adequately perform their work.

Right to Disconnect:

This regulation recognizes the employees’ right to digital disconnection, in terms of disengaging from work outside of working hours, in order to prevent work overloads and to promote a work-life balance.

It is important to consider the following points regarding NOM 37:

• Employer obligations
• Obligations of employees who are working under a teleworking scheme
• Health and safety workplace conditions with regard to workplace hazards
• Training and development provided to employees under the teleworking scheme for an employer, and where applicable, with the participation of the Joint Commission on Training, Development, and Productivity [in Spanish: la Comisión mixta de Capacitación, Adiestramiento y Productividad].
• Conformity Assessment Bodies entrusted with health and safety inspections
• Conformity Assessment Procedures that apply to both inspection visits carried out by the labor authorities and the services provided by the Inspection Units hired by the employer
• The Department of Labor and Social Services, [in Spanish: la Secretaría del Trabajo y Previsión Social], will be in charge of oversight 

Please bear in mind that these are only some of the highlights of NOM-037. Please do not hesitate to contact us if you have any questions, or if you require any additional information. We’d love to hear your feedback! contacto@jadelrio.com