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Mexican companies will have to pay for teleworking equipment, electricity and Internet

2020-12-11T08:33:18.376Z


Legislators test the reform of the Law for employees who make 'homeoffice' where the right to disconnection and privacy in the working day is defined


Two young architects work in their apartment in the San Simón neighborhood in Mexico City, last March after the closure of offices due to the pandemic.Gladys Serrano / EL PAÍS

The Chamber of Deputies of Mexico has approved this Wednesday the reform of the Labor Law to include the modality of teleworking or home

office

,

accelerated by business needs due to the pandemic.

The ruling establishes that employers must bear the costs of supplies as well as electricity and Internet bills to carry out work tasks remotely.

In addition, it establishes the definition of what is considered teleworking and differentiates it from work from home, indicates the rights of workers to be able to disconnect when their shift ends and the obligation of employers to respect the privacy of their employees.

The reform of the Law has been transferred to the Executive for approval and will enter into force the day after it is published in the Official Gazette of the Federation.

However, the document does not specify what will be the mechanisms to monitor that entrepreneurs comply with the new regulations or the sanction in case of violation of the Law.

During the pandemic and with the restrictions on activity and movements decreed to combat covid-19, teleworking and remote work have been the fastest solution to cut infections in offices and work areas.

Even so, the legal conditions for this change in landscape were not defined.

The family conciliation, the hours that were lengthened by the nature of the complete arrangement and the responsibility for the expenses of the equipment were some of the details that worried the workers.

These are the keys to the reform that the opinion of the Chamber of Deputies has collected:

Definition of teleworking.

The document establishes that telework or home

office

is considered

to be that work activity that is carried out for an employer at the worker's home or in a place that the employee chooses without immediate supervision or direction of the person providing the work.

Therefore, the physical presence of the worker is not required in any specific workplace and he can carry out his task with the help of communication and information technologies (computers,

software

or Internet networks) to achieve his objectives.

For an activity to be considered teleworking, it must not be sporadic or punctual, since it must assume that the worker operates remotely for at least 40% of his working day.

Expenses, supplies and bills.

Employers must provide the necessary equipment to telework and take care of the costs, maintenance and installation of computers, tablets, computer programs and even ergonomic chairs and other materials necessary for health in the workplace.

In addition, they must assume the expenses derived from this activity such as the proportional part of the electricity bill and the contracting of Internet services.

They must also implement cyber security mechanisms.

Workers are required to take care of these materials and services.

Disconnection and intimacy.

Workers who carry out their activity remotely will have the right to disconnect once their working day is over so as not to extend their working hours.

In this sense, the Chamber establishes that workers have to be able to manage their time, balancing personal life and work life and for this, work hours must be implemented and respected, also promoting disconnection outside these hours.

Furthermore, employers must respect their privacy regarding the use of personal data and limiting the circumstances under which video cameras and microphones may be used to monitor employees.

Contract.

Workers who make a home

office

will be protected by general labor laws and must have in writing in their contract the hours of work to be performed, the technological means they require and the productivity quotas.

The employer will continue to be responsible for having the employee registered with Social Security and for complying with the corresponding salary payments.

Source: elparis

All news articles on 2020-12-11

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