NOM-037-STPS-2023

13 de Junio de 2023

On June 8 of this year, the new NOM-037-STPS-2023 was published in the Official Gazette of the Federation, through which Teleworking and Health and Safety Conditions at Work are regulated under this modality.

It is worth mentioning that this Official Mexican Standard will come into force 180 calendar days after its publication in the Official Gazette of the Federation, so employers who use this modality of work will have this period to implement and comply with the new obligations that are established. they impose.

In order to specifically define the actions that work centers must carry out and the main obligations that must be fulfilled in order to avoid the imposition of fines by the Secretary of Labor and Social Welfare, we make the following checks available to you. list for compliance verification.

Regarding the main obligations established by this Official Mexican Standard for employers, they are the following, among others:

  1. Have an updated list of workers under the Teleworking modality.
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  1. Establish in writing, implement, maintain and disseminate a Teleworking Policy in the workplace and among workers under the Teleworking modality.
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  1. Inform workers under the Teleworking modality and the workplace safety and hygiene committee about the risks related to Teleworking.
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  1. Have the Checklist of health and safety conditions in Teleworking validated by the Safety and Hygiene Commission.
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  1. Establish a process for implementing the form of Teleworking and its reversibility.
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  1. Provide teleworkers with ergonomic chairs and necessary supplies.
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  1. Provide training on health and safety conditions, equipment maintenance and perform the necessary medical examinations.
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  1. Have care mechanisms for cases of family violence.
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Regarding the main obligations established by this Official Mexican Standard for collaborators, they are the following, among others:

  1. Provide the Safety and Hygiene Commission, if the worker agrees, with written facilities for a physical verification of the health and safety conditions at work in the workplace.
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  1. Comply with the Teleworking Policy.
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  1. Inform the employer and the Safety and Hygiene Commission of any alteration in the health and safety conditions at work, or case of force majeure, that prevents the development of Teleworking, including any severe traumatic events that may have been witnessed or suffered, due to or in the exercise of his work.
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  1. Protect and conserve in good condition the equipment, materials, tools and ergonomic furniture provided.
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  1. Adhere to the data and information protection policies and mechanisms established by the employer.
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  1. Inform the employer in writing in advance of any permanent or temporary change of address.
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  1. Notify the employer and the Safety and Hygiene Commission of the work risks suffered.
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At Rivadeneyra, Treviño y de Campo S.C., we are monitoring compliance with this Official Mexican Standard in order to provide you with the legal advice that you may require. This document is prepared for informational purposes. The content should not be considered legal advice or opinion.

We remain at your disposal for any questions that may arise regarding this newsletter, hoping that the information contained will be useful to you.

Rivadeneyra, Treviño y de Campo
Laboral y Seguridad Social

Jesús González Sampedro

jgonzalez@rtydc.com

Estefanía Lozano Rojas

elozano@rtydc.com

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