29 Sep Doubts about remote work in Mexico
The NOM 037, will be of great benefit to those people who seek to have flexibility in their work and spend time with family or doing those activities that generate mental and emotional tranquility, because today it is super important to take that into account.
With the return to “face-to-face” at work, NOM 037 was raised, which brought with it certain doubts for many people who today are returning to face-to-face under some modalities depending on the company or for those workers, who are close to rejoining, that is why for the absolution of doubts the specialist in law and partner of GLZ Lawyers, explained in detail the following questions which will be mentioned below:
- Is NOM 037 being developed?
This project created and presented by the Ministry of Labor and Prevention, aims to improve the living conditions of the worker, since as mentioned above today many people seek flexibility in their work, since the pandemic taught them to spend more time in family, and to dedicate more time to oneself to find the emotional stability that is super important, on the other hand, the application of this standard is important because if a company has or requires good talent, these people can continue to be linked to the company but working remotely on another side.
It is worth mentioning that this standard was presented in July, however an initial period of 60 days was provided with a final extension of 180 days for the execution of this project, although it is true that this rule has the capacity to regulate certain flexibility capabilities to the worker is a rule that must still be admitted.
- What topics are covered with remote work in NOM 037?
This standard is focused more on people who have to go to work in person, such as the activities carried out by health professionals, people who are dedicated to construction and security personnel.
While it is true that these professionals have to go to work in person, this rule will help them to have flexibility in working hours, since what is sought is that the health and tranquility of the worker prevails.
- Will the employer be able to verify if the designated functions are being fulfilled in their home or place where they decide to telework?
The employer may do so, as long as he has the corresponding authorization, since to access a private property, there must be consent of the owner or the filling of the form by the worker where he must complete information in reference to the materials he has at home for the proper development of his activities.
What the employer is looking for when accessing the home of the person who has been carrying out the designated activities is to know if he has an optimal space to work, in addition to the light services and other needs which the worker must have at home to perform a good development of activities.
- Would there be any way to prevent the company from visiting my home?
Yes, it would be denying you entry to your house, because it is a private property and your boss or whoever had you in charge has to respect that point, also if the company offers you that the work you develop will be done remotely, those conditions have to be respected, since you as a worker have accepted that modality.
- What happens if companies do not comply with what was established at the beginning of the contract where it is stipulated that your work to be developed will be remote?
Companies that do not comply with the provisions of the contract where they inform the worker that their work will be remote, these companies may be investigated and even be fined.
- Is this rule (NOM 037) applicable to all workers?
Nom 037 will only be applicable to those workers who carry out more than 40% of their activities either from home, or somewhere where they see fit, companies that carry out their activities 100% in person may not apply to this standard.
- If an accident or risk occurs?What should I do?
According to the Federal Labor Law (LFT), if the accident occurred during the hours you work, or when you were on your way to your workplace, you must inform the company to assume the expenses corresponding to what happened, in case the accident occurred outside of working hours, because the expenses will be assumed by yourself.
- Will the rule (NOM 037)affect me in any future?
What this standard seeks is to promote remote work in the national territory, where companies boost jobs. One of the greatest benefits of applying this rule is that travel times from the office to the home will be reduced, since in CDMX traffic is increasingly heavy, you can stay 2 to 3 hours on average.
Finally, teleworking has its advantages and disadvantages, both for the employer and for the worker, it depends on both parties to adapt to the new trends that today are at the forefront in the workplace, as well as other countries have been successfully developing different modalities such as remote or hybrid work, Mexico would not be the exception of a good development of this because it would be promoting even more local work as well international professionals could also be involved.
Ferrer, A. (2022, August 30). We solve 8 common doubts about NOM 037 and remote work. Business Insider Mexico | News designed for you. https://businessinsider.mx/dudas-trabajo-remoto-mexico-nom-037_vida-profesional/