The new Telework Law we analysed in a previous Article within our January 2021 issue, indicates that the Secretariat of Federal Labour has 18 months, from the moment in which the new telework law came into effect, for issuing a new Official Mexican Norm (NOM) of required compliance in order to regulate both safety and health aspects in telework.

The objective is the establishment of what are the responsibilities of employers in the field of health and safety of those who do home office.

"It is very likely, moreover, that companies will move in the future towards combined work modalities, where workers adjust work modalities outside the office with the presence when it is convenient and optimal to go to the traditional workplace", which makes it necessary to establish standards", says the Labour Agency.

Expectations about this NOM in this field are high.

From the beginning it is expected that it provides for the procedure on the evaluation of whether there are risks or not for the teleworker; for this purpose, verification visits will be carried out by the inspection units; whose opinions must be available to the labour authority when requested; part of the aspects to be verified during the evaluation will be through physical verification, documentary review, records or interviews.

Some specialists consider that, despite the fact that the NOM is not yet available, there is not enough reason not to apply the reform that came into force on January 2021.

Others, instead, consider that there are still aspects to be discussed, as the fact of establishing the disconnection, how to apply the flexibility to maintain or not teleworking and even if it is an indispensable alternative in labour relations.

Mexico’s regulation on Telework, along with other 30 country regulations worldwide have been subject of the recent IOE Position Paper on Remote Work beyond Covid- 19.