{"id":5942,"date":"2025-11-13T15:41:14","date_gmt":"2025-11-13T20:41:14","guid":{"rendered":"https:\/\/guerrerosantana.com.mx\/nom-037-mexicos-new-telework-home-office-regulation\/"},"modified":"2025-11-13T15:44:26","modified_gmt":"2025-11-13T20:44:26","slug":"nom-037-mexicos-new-telework-home-office-regulation","status":"publish","type":"post","link":"https:\/\/guerrerosantana.com.mx\/fr\/nom-037-mexicos-new-telework-home-office-regulation\/","title":{"rendered":"NOM-037: Mexico\u2019s new telework\/home office regulation"},"content":{"rendered":"
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by Prof Sergio Guerrero Rosas &\u00a0Ana Livia Ruiz Velasco<\/h4>\n

The Covid-19 pandemic posed a number of challenges in all areas of daily life, and the way we went about our work was no exception. The quarantine forced workers to continue their work from the safety of their homes. In response, Mexican authorities found it necessary to regulate and establish the minimum conditions for workers to be able to optimally perform their activities under the Home Office modality.<\/p>\n<\/div>\n

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On 08 June 2023, the new\u00a0Official Mexican Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work<\/em>\u00a0(NOM-037) was published, and will become effective in December 2023.<\/p>\n

In NOM-037, the\u00a0obligations established for employers\u00a0<\/strong>are:<\/p>\n

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  1. Have an updated list of workers under telework modality.<\/li>\n
  2. Inform workers under telework modality about the risks related to telework and possible exposure to risk factors or agents.<\/li>\n
  3. Have a checklist of telework health and safety conditions to verify that health and safety conditions in the remote workplace are met.<\/li>\n
  4. Support the Safety and Hygiene Commission in validating the health and safety conditions checklist.<\/li>\n
  5. Establish mechanisms for the reversibility of telework modality to on-site work should the employee working remotely inform the employer of any alteration of health and safety conditions at the telework location.<\/li>\n<\/ol>\n

    NOM-037\u00a0obligations of workers<\/strong>\u00a0are:<\/p>\n

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    1. Provide the Safety and Hygiene Commission, if the worker agrees, with written permission for a physical inspection of the health and safety conditions in the workplace.<\/li>\n
    2. Inform the employer and the Safety and Hygiene Commission of any alteration to workplace conditions that prevents the development or continuation of telework, including severe traumatic events they may have witnessed or suffered in connection with, or in the course of their work.<\/li>\n
    3. Safeguard and keep in good condition any equipment (including computer equipment), materials, tools, or ergonomic furniture that, if applicable, and in accordance with the needs of their position or activity, are provided by the employer to perform work remotely.<\/li>\n
    4. Inform the employer in writing, and in advance, of any permanent or temporary change of address, different from the previously agreed remote workplace.<\/li>\n<\/ol>\n

      Some other legal key considerations are:<\/p>\n