The regulation of remote work in Mexico is incipient, it isn’t sufficiently developed to face the pandemic and must be updated, experts say.
Oscar de la Vega, labor lawyer at the De la Vega & Martínez Rojas Firm, stated that the Labor Law establishes the concept of work from the home, but it refers mostly to manual labor.
“It focuses on sewing work, referring to the person who assembles garments and keeps a control log, in which entries must be made upon inspection of the work, with the objective of keeping track of the garments being assembled by them. This is not designed for new technologies, there is a lack of regulation”, he said.
He added that standards for home office work could be established by means of the companies’ internal work regulations.
“There are topics that are unclear, such as the cost of internet, who will cover it? mobile phone costs, topics relating to operation costs”, he underlined.
He said that the way in which payments are made must be specified, given that the concept of workday will change for the achievement of objectives or goals.
Lucas Tamagno, associate at the Allende & Brea Firm, from Argentina, said that companies face the challenge of changing the way in which work is conducted.
“Cost reductions as a result of remote work, the need for fewer offices is disruptive for organizations and will constitute a change of paradigms. This traditional concept of sitting face to face in order to have a conversation is changing”, he pointed out.
From a distance
In accordance with the Federal Labor Law, employers have obligations in the mode of remote activities:
· Affixing wage rates in a visible place in the premises in which they provide or receive the work.
· Providing work materials and tools on the agreed dates and times.
· Receiving the work in a timely manner and paying salaries in the manner and dates agreed to with the employees.
· Keeping records, on each worker’s log, and at the time in which the work is received, of any occurring losses or deficiencies; no subsequent claims can be made.
Source: Federal Labor Law