Note published in El Economista, Empresas [Companies] Section by María del Pilar Martínez.
Read the note in its original source
With the modifications approved in the House of Representatives to regulate teleworking in the country, employers must implement policies and procedures that comply with the new provisions and establish individual and collective agreements that comply with the law, with the objective of avoiding the imposition of fines for lack of compliance with the law, in the opinion of labor specialists.
With the modifications approved in the House of Representatives to regulate teleworking in the country, employers must implement policies and procedures that comply with the new provisions and establish individual and collective agreements that comply with the law, with the objective of avoiding the imposition of fines for lack of compliance with the law, in the opinion of labor specialists.
Héctor de la Cruz, a specialist at D&M Abogados, explained that the approved decision that has been passed to the Senate, considers fines that could go from 250 to 2,500 UMAs [Units of Measure and Update], in accordance with Article 997 of the Federal Labor Law; that is, from 21,720 pesos to 217,200 pesos in line with the current value of the UMA, and this would be for every worker affected by the lack of compliance of the employer, in accordance with Article 992 of the Federal Labor Law.
For his part, Germán de la Garza de Vecchi, a lawyer at Deloitte Legal-Mowat, said that employers must establish contracts – individual or collective – that specify all of the aspects required by the reform, and they must be clear on the fact that work is considered as Home Office when the time that the worker works in this modality is more than 40% of his working hours.
In this sense, the employment contract must specify the amount that the employer will pay for the concept of services related to teleworking, which include electricity, internet, telephone services, among others.
Working hours must adjust to the legal maximums and, therefore, companies must implement measures to monitor attendance and effective service time.
Collective bargaining agreements must include teleworking as part of the working conditions, as long as the activities are compatible. And internal work regulations must also regulate this modality, based on the law”, said De la Cruz.
Additionally, the employer has the obligation of installing and giving maintenance to work tools (ergonomic chairs, printers, computers, etc.), assuming the costs of connection and electricity in a proportional part.
The right of the worker to disconnection is also included, understanding as such, that the worker can turn his equipment off, not answer calls or mails, etc. at the end of his working hours, with the objective of allowing him to devote time to other personal activities.
The change to this modality can be made only with the worker’s consent and he will have, at all times, the right of reversibility, that is, he can decide to change to a presential modality.
In no case may the home office worker earn less that a worker who works in the facilities of the work source.
“This bill represents great progress in our country where, up to now and despite the Covid-19 pandemic, there was no appropriate regulation that protected the rights of the workers. It is possible that it may be approved before the end of this year”, stated Héctor de la Cruz.
