Note published in El Sol de México, Sociedad [Society] Section by Bertha Becerra.
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Fines ranging from 21 thousand 700 to 217 thousand pesos, according to the current value of the UMA, will be imposed, said labor lawyer Héctor de la Cruz
The reform to the Federal Labor Law (LFT) in teleworking matters or home office represents important progress in the country as, up to now and despite the Covid-19 pandemic, there was no proper regulation that protected the rights of the workers, states labor lawyer Héctor de la Cruz.
From March to this date, thousands of workers from the Economically Active Population (PEA) carry out their work from home, but not under the best conditions.
What must employers do?
– Implement policies and procedures that comply with the new provisions approved by the House of Representatives and that now are in the Senate of the Republic.
Among others, new individual and collective contracts that comply with the law, in order to avoid the imposition of fines for non-compliance of the regulations.
Who will monitor this compliance?
– The Department of Labor and Social Welfare, through inspections, he told El Sol de México in an interview.
And in the event of lack of compliance?
– Fines, which may range from 250 to two thousand 500 UMAs will be imposed, in compliance with Article 997 of the Federal Labor Law. That is, from 21 thousand 700 to 217 thousand pesos in accordance with the current value of the UMA.
The specialist in Labor law explains that these fines may be applied for each worker that is affected by the employer’s lack of compliance, in accordance with Article 992 of the LFT.
Lawyer De la Cruz pointed out that it will only be considered as teleworking or home office when the time that worker works in this modality is of over 40% of his working hours.
For example, in the case of a working week of 48 hours, that is 8 hours per day, the worker would have to work more than 19.2 hours from home, or the place of his choice, to be considered as a teleworker or a remote worker.
The employment contract must specify the amount that the employer will pay for the concept of services related to home office, which include electricity, internet, telephone services, among others.
Additionally, working hours must adjust to the legal maximums and, therefore, companies must implement measures to monitor attendance and effective service time.
Collective bargaining agreements must include teleworking as part of the working conditions, as long as the activities are compatible. And internal work regulations must also regulate this modality, based on the law.
The right of the worker to disconnection is also included, that is, the worker may turn his equipment off, not answer calls or mails once his working hours have ended. This with the objective of allowing him to devote time to other personal activities.
The expert in Labor Law, from the De la Vega & Martínez Rojas Firm, points out that the change to this modality can be made only with the worker’s consent and that he will have, at all times, the right of reversibility. That is, he can decide to change to a presential modality.
And, very importantly, said lawyer De la Cruz, “in no case may the home office worker earn less that a worker who works in the facilities of the work source.”
