At a glance
- On 8 June 2023, the Ministry of Labour and Social welfare published in the Federal Official Gazette the standard official norm 'NOM-037-STPS-2023 Remote work-Occupational health and safety conditions' (Telework NOM-037).
The Telework NOM-037 sets out health and safety requirements for those teleworking to prevent accidents, ill health and to promote a safe and healthy working environment. Under the Labour Law and the standard, a teleworker is an employee who performs work remotely using information and technologies for more than 40% of the work shift.
What obligations does the Telework NOM-037 set for employers?
In addition to the obligations imposed on employers under the telework rules provided for in the Federal Labour Law, the Telework NOM-037 imposes several other obligations to employers and employees. Some of the key obligations include:
- Employers with employees teleworking must implement a written Telework Policy that establishes, among other things:
- Communication mechanisms to prevent employees from feeling isolated.
- Work schedules which include a right to rest and disconnect.
- Employers must have in place checklists on health and safety conditions for teleworking that must be used to verify that the employee’s workplace is compliant with the health and safety criteria. These checks must start initially when the telework starts and then be carried out periodically.
- Health and safety verification must be carried out by the Health and Safety commission established in the workplace.
- Employers must have in place special protection mechanisms for dealing with cases of domestic violence, including allowing the employee to return to in office working.
The Telework NOM-037 comes into full effect on 5 December 2023.
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