Pérez Correa González
Pérez Correa González
On June 8th, 2023, the Official Mexican Standard NOM-037-STPS-2023 regarding Remote Working (“NOM-037”) was published in the Official Gazette of the Federation. NOM-037 will become effective on December 5th, 2023.
NOM-037 sets forth the health and safety conditions that must be followed in the places where remote workers perform their activities; therefore, it shall be followed by all companies who have implemented a remote work modality. NOM-037 imposes the following obligations to companies, among others:
• Keep an updated roster of the active remote workers.
• Ensure that the place from which remote workers will be providing their services complies with the requirements set forth in NOM-037.
• Implement, maintain and circulate a Remote Working Policy.
• Prepare a Checklist on health and safety conditions for Remote Working, to ensure compliance with the health and safety provisions set forth in NOM-037, and to comply with the necessary hygiene and safety measures established by the Company’s Safety and Hygiene Commission.
• Give proper maintenance to the remote workers electronic equipment.
• Provide training to remote workers in connection with the health and safe conditions that must be followed at their workplaces at least once a year.
• Provide remote workers with all the conditions and equipment described in NOM-037, such as ergonomic chairs and any necessary materials for their activities; and/or accessories that guarantee ergonomic or good posture conditions.
• Perform medical tests pursuant to NOM-030-SSA2-2007and monitor all work-related accidents reported by remote workers.
• Prepare mechanisms to support remote workers in case of domestic violence.
• Provide the necessary support for all the remote workers to participate in the Company’s Training and Productivity Commission.
Companies may engage Inspection Units to issue a certification on the compliance with NOM-037. Such certification will be valid for a two year-term, provided that the conditions that were analyzed for its issuance have not been modified.
The complete text of NOM-037 can be consulted at the following link: NOM-037
For any questions or comments regarding the foregoing, please contact the attorneys of our Corporate Law Practice, at the following email addresses: