With the Home Office Law, is it in the best interest of your company to adopt this model or are the benefits lost with the new obligations? This is what experts say

Note published in Business Insider México, Estrategia [Strategy] Section by Sonia Soto.
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  • According to the OECD, we Mexicans work 2,246 hours a year, which represents 480 hours above the average; however, these extra hours do not necessarily translate into productivity.
  • This had been one of the important reasons for many companies not to even consider the home office mode; however, the pandemic forced them to adopt it and there are now significant surprises about the advantages of this work mode.
  • The new home office legislation implies, among other things, that employers must pay part of the electricity, telecommunications and provide ergonomic chairs. All of this without this modality implying a reduction in salary or the loss of labor benefits.
  • In light of all of this: is it in the best interest of your company to continue with the implementation of the home office mode? Several experts provide an answer for us.

 

They all agree that the home office mode is here to stay, we now have an article in the Federal Labor Law that regulates it; but, how easy or how difficult will it be to implement everything that has been established in the law and how beneficial will it be for companies?

Mexico is one of the countries that works the longest hours. According to the Organisation for Economic Co-operation and Development (OECD), to be exact, 2,246 hours a year, which represents 480 hours above the average; however, these extra hours do not necessarily translate into productivity.

This “bad reputation” is largely what prevented many more companies from adopting the remote work mode. The pandemic forced them to do so and here we are, with important surprises about the advantages of this work modality; so much so, that there is already talk of conducting it as a mixed modality or totally from home.

The pandemic brought us the Home Office Law

But the new legislation arrived, implying, among other things, that employers must pay part of the electricity, telecommunications and provide ergonomic chairs in order to prevent posture problems for employees while working.

All of this without this modality implying a reduction in salary or the loss of labor benefits, such as being registered in social security, for example.

This situation means that companies need to enter into new employment agreements in which the payments that will be made in this regard are established, in addition to keeping a record of the supplies delivered to workers under the home office modality. This in compliance with the provisions on occupational security and health established by the Department of Labor and Social Welfare.

The question now is, will companies consider that home office work is profitable under these rules or will they decide that it is better, once the pandemic has ended, to resume normal activities?

The Home Office Law, in comparison to the cost of renting an office, is better.

Héctor De La Cruz, labor lawyer at the De la Vega & Martínez Rojas Firm, believes that, compared to the rent of office spaces, together with the associated expenses thereto, the costs that must be incurred by companies are not high.

He stated that the point will be to carefully document all of the supplies delivered to the workers, providing certainty to both parties, “I do not believe that this will be an additional bureaucratic burden.”

He added that, on the contrary, the home office mode is here to stay and that the proper adaptation of the processes to the law will help businesses to be more prosperous.

The transformation of the organizational culture

For his part, Alejandro Caro, Associate Partner at EY Law – Laboral, believes that it is very important for companies to adopt a comprehensive work strategy that addresses a transformation in organizational culture, talent and performance matters in addition to the technological transformation.

In an interview with Business Insider México, he considered that, as long as companies remain within a legal compliance framework, those who decide to make this investment and effort will see very positive results for their workers and for the business itself.

He also believes that the current reality is leading us to use models that are becoming a necessity in business, such as having remote workers.

A comprehensive strategy for the implementation of the home office mode

In the sense of time and resources required for preparing all of the documentation and complying and, particularly, for succeeding in having a comprehensive home office strategy, this will, in fact, require a process.

The strategy must take into account topics of transformation of the organizational culture; basically, in talent and performance, legal, labor topics and collective bargaining topics, in some cases.

“But once we go through this initial investment of time and effort, the benefits can be much greater than said investment, and the company will be the first to enjoy these benefits, and then so will the worker”, he said.

He added that those who are first to adopt it and do so in a more efficient and legal manner will keep a competitive advantage in their operation, in attracting talent and in the general wellbeing of their workers.