MEXICO Law and Practice Contributed by: Mauricio Moreno Rey, Anahí Serrano, Erick Sastré and Karla Fajardo, Cannizzo, Ortiz y Asociados, S.C.
Immigration Institute ( Instituto Nacional de Migración ) where the employer’s establishment is located, an employer’s registration certificate ( constancia de inscripción del empleador ) that allows individuals and legal entities to issue job offers to foreign individuals. In addition to the foregoing, a foreign individual ren - dering services to a Mexican employer must hold an immigration document evidencing their legal right to stay in the country. The procedure for obtaining such a document is usually carried out by the employer with the intervention of the foreign individual. The status under which foreign individuals usually stay in Mexico is that of temporary resident ( residente tem- poral ), which authorises them to stay in the country for a period no longer than four years. Temporary resi - dents may obtain a work permit, subject to an offer of employment, which will give them the right to work in the country and enter and leave the national territory as many times as they wish, as well as the right to pre - serve the family unit – ie, a foreign individual may enter with, or eventually request access for, their parents, spouse, concubine, children or spouse’s or concu - bine’s children, provided they are minors, unmarried, or under the individual’s legal guardianship. On 8 June 2023, the Official Mexican Standard NOM- 037-STPS-2023, Teleworking Occupational Safety and Health Conditions (hereinafter the “NOM-037”), was published in the Mexican Official Gazette of the Federation. The purpose of NOM-037 is to establish safety and health conditions in the places where tel - eworkers perform their duties to prevent accidents, illnesses, or psychosocial risk factors. It applies to both employers and workers working under the tel - ework modality, either partially or fully. Companies will have the following obligations when it comes to teleworking: • They must maintain an updated list of employees working in this modality, including relevant details such as their name, gender, marital status, job activities, the proportion of their working time spent 5. New Work 5.1 Mobile Work
telecommuting, contact information and agreed- upon work locations. • Work locations must now be fixed and registered in the Collective Bargaining Agreement or Internal Work Regulations. • Employers are responsible for ensuring safe and healthy working conditions, including electrical installations, lighting and ventilation, and neces - sary tools/furniture for their work activities, both at the workplace and in remote locations, that allow workers to perform their tasks safely and efficiently. • The validation and assessment of potential risks should be carried out by the employer or profes - sionals appointed in the respective field. This assessment must be conducted before telework begins and should be documented. • Employers must provide adequate training on the safe use of tools and on the occupational hazards associated with teleworking, and to do so they must develop a comprehensive telecommuting policy, which must be implemented, maintained and effectively communicated to employees. • It is mandatory for employers to monitor the health status of teleworkers, ensuring that there are no risks associated with ergonomics, stress, eyestrain, among others. • Employers must address work accident reports from remote employees or their family members, adhering to protocols established by social security institutions. Employees under NOM-037 are required to allow physical verification or use a checklist to ensure safety and health conditions at their workplace. This includes providing evidence like photos or videos to demon - strate suitable workspaces. Employees who take part in remote work as per the previously discussed crite - ria will have the same individual and collective rights as in-person employees, meaning they can unionise, engage in collective bargaining and stay connected with colleagues. Employees also have the right to dis - connect, complying with designated working hours and avoid work-related activities during vacation or leave. Special protection is granted to those employ - ees experiencing domestic violence and to breast - feeding women.
364 CHAMBERS.COM
Powered by FlippingBook