Mexico enacted a decree on remote working effective 12 Jan 2021, and the government will publish health and safety rules on remote working within 18 months.

Highlights

• Remote working is defined as telework carried out at locations other than the employer’s workplace, and comprising 40% or more of an employee’s working time. It does not include occasional periods of remote working. Employers cannot force employees to become remote workers (except in cases of force majeure), and are allowed to ask remote workers to return to a company worksite. Remote workers also can request to work from a company worksite.
• Remote working must be specified in an employee’s contract — and collective agreements must be updated or included in the employer’s internal policies — if there is no collective agreement. Contracts must set out the details of remote work, including the necessary work equipment, communication between the remote worker and the employer, and the work schedule.  
• Employers must pay for, install, and maintain the necessary equipment, and they must record training provision for remote workers. Employers must pay for electricity and internet expenses, and they are responsible for calculating the benefit and tax implications.
• Remote workers have the right to disconnect from their work equipment at the end of the work day, and employers must respect employees’ work-life balance.
• Employers must register remote workers for social security purposes and protect their personal data.  Remote workers must follow their employer’s policies and procedures. 

Related resources

• Press release (Spanish) (Government of Mexico, 12 Jan 2021)
• Decree (Spanish) (Official journal, 11 Jan 2021)