How to comply with NOM-037


The introduction of ICT in organizations has brought changes and modernization in the work environment.,
Mexico’s Ministry of Labor and Social Welfare (STPS) issued NOM 037 in December 2020, a rule that seeks to regulate teleworking working conditions. According to the International Labor Organization (ILO), teleworking has experienced significant growth in recent years and has become even more relevant during the COVID-19 pandemic. Before the pandemic, only 3% of people worked from home, but that number has increased to 30% in the past year.

Teleworking has become an important aspect of attracting and retaining talent, especially in the technology sector. According to Ana Romano, talent attraction manager at Ecosystemas, companies that offer labor flexibility, such as working from home, are more attractive to technology professionals. However, it is important to ensure that the right security and remuneration conditions are in place for remote workers.
NOM 037 sets out some key provisions for teleworking. First, employers must provide workers with the necessary resources to perform their activities, such as computer equipment, software, work equipment, and telecommunication services. In addition, occupational health and safety measures must be implemented to ensure that the conditions of remote employees are similar to those of those working on company premises.
The rules also establish that remote workers are entitled to the same remuneration as if they were working in the company. It is important that both the employer and employee establish agreements on working conditions, including schedules, break times, responsibilities and deadlines. Similarly, employees should be provided with information about the occupational risks associated with teleworking and preventive measures to avoid them.
NOM-037 seeks to protect the rights of remote workers and guarantee compliance by employers with legal obligations. This regulation reflects the need to adapt to changes in the way of working and to promote a more flexible work culture, which allows workers to achieve a better balance between their personal and work lives.
In short, NOM-037 regulates the working conditions of teleworking in Mexico and seeks to ensure that this type of work is performed in safe conditions and is paid adequately. This regulation reflects the importance of adopting new ways of working and promoting a more flexible work culture for the benefit of workers and companies.
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