Mexico: Implemented Regulation for Telework (NOM-037)

On 5 December 2023, the Ministry of Labor and Social Welfare (STPS) implemented the Regulation for Telework (NOM-037). The objective of this Regulation is to ensure a workspace that meets the necessary health and safety requirements for remote workers. Employers must maintain an updated list of teleworkers, including their names, gender, marital status, work activities, and profiles, percentage of working time spent teleworking, contact telephone number, home address, proposed and agreed teleworking locations, company name and work center address, and a list of computer and ergonomic equipment provided, with the employer responsible for ensuring the confidentiality of this data. Additionally, the employer must write a telework policy and provide annual training on health and safety conditions. The conformity evaluation procedure has been established and is applicable for both labor authority inspections and inspections conducted by licensed inspection units hired by companies. Under Article 5.5.1 of the NOM, companies should periodically use a second checklist to ensure the continuity of health and safety conditions in teleworking. The checklist can be adjusted and modified by companies, and the example provided in the Regulation is only informative and not mandatory.