MEXICO Law and Practice Contributed by: Mauricio Moreno Rey, Anahí Serrano, Erick Sastré and Karla Fajardo, Cannizzo, Ortiz y Asociados, S.C.
NOM-037 became effective on 6 December 2023 and applies nationwide. The employer will have the option to hire the services of an accredited and approved inspection unit, in accordance with the Law of Quality Infrastructure ( Ley de Infraestructura de la Calidad y su Reglamento ) and its regulation, to assess compli - ance with NOM-037, in which case a report contain - ing information about the verified remote workplace would be issued. This report will be valid for two years, as long as the conditions existing upon issuance of the report remain unchanged. Non-compliance with safety regulations may result in fines ranging from 250 to 5,000 times the Unit of Measurement and Update (MXN28,285.00 to MXN565,700.00). 5.2 Sabbaticals Mexican labour regulations do not address sabbatical leave. Nevertheless, employers and employees may negotiate and establish sabbatical leave arrangements through employment contracts, collective bargain - ing agreements or internal policies. If employer and employee reach an agreement regarding sabbatical leave, the details and terms of the sabbatical, such as duration, salary, benefits and job security upon return, should be outlined clearly in the employment contract or a separate agreement. Alternatively, unpaid leave could be arranged between employer and employee either through a separate agreement or outlined in company policy, though this option may have certain implications for employ - ee benefits and rights. In any case, any terms and conditions should be outlined and agreed upon by employee and employer. 5.3 Other New Manifestations Currently, various emerging concepts, such as desk sharing, flexible working hours, remote work, four-day weeks, digital nomadism and sabbaticals are encom - passed under the term “new work”. This concept aims to redefine the traditional notion of a workplace in response to technological advancements. Companies often adopt these practices to enhance their appeal and attract talented individuals. However, these new work arrangements require structural changes that depart from conventional workplace norms and hier - archies.
Although Mexican regulations and legislators have not specifically addressed or regulated these “new work” tools yet, companies and entrepreneurs in Mexico are actively embracing these innovative approaches to work, recognising the potential benefits they offer in terms of employee satisfaction, productivity and over - all business performance. Consequently, any benefits associated with “new work” in practice have so far been addressed through employment contracts that outline the terms and conditions of these arrange - ments, and/or through the establishment of internal policies to govern their implementation within com - panies. Digital Platforms Following a 2024 reform to the Federal Labour Law and relevant regulatory criteria, additional obligations apply to individuals providing services through digital platforms, including food delivery, courier, ride-hailing, or similar services. Under these provisions, digital platform workers are expressly recognised as employees when they pro - vide services personally, on a continuous basis, and are subject to the management or direction of the platform, including algorithmic control over schedules, assignments, or compensation. Regardless of the flexibility associated with digital platforms, working hours must comply with the maximum legal thresh - olds established by the Federal Labour Law, including the limits on overtime. Employers (digital platforms) are required to, inter alia: • register platform workers with the Mexican Social Security Institute ( Instituto Mexicano del Seguro Social , or IMSS); • ensure precise tracking of working hours through the platform’s technological tools (eg, logs, records of active connection periods, delivery time slots); • guarantee that working hours do not exceed 48 hours per week plus the maximum authorised overtime; • provide benefits such as paid rest days, vacation, bonuses and profit sharing; • register and submit labour contracts for approval by the Federal Conciliation and Registration Cen - tre; and
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