Mexico: Amendment to the Federal Labour Law regarding “Home Office”

On 19 June 2019, the Mexican Senate approved, unanimously, the Draft Order to Amend the Labour and Social Security Commission and the legislative studies to the initiative of Amendment to reform article 311 and add chapter XII Bis of the Federal Labour Law (FLL) regarding home office.

The International Labour Organisation defines home office as “the work form effectuated in a different place, not in the office and implies the use of new technologies which facilitates the communication.”

In 2013, the amendment in telecommunications had, as a primary objective, a principle aim to benefit all Mexicans so that each had access to the information and communication technologies (ICT).

The draft order points out that article 330 A of the FLL should consider home office as “the form of labour organisation which consists in the performance of remunerated activities, without requiring the physical presence of the employee in a specific work and using ICT as support to have contact between the employer and employee.”

It is very important to emphasise that the employment contract regarding home office, which will be signed between the employer and employee, will have to include the following:

• Service condition.
• Technological means will also serve as a tool to execute the work.
• The form on how the work will or ought to be executed regarding conditions of shape and time.
• Responsibilities regarding the custody of equipment, programs and managing information.
• Breakdown of activities and deliverables.
• Productivity measures and information security, which the employee will be required to know.

The employees who will be hired under this modality will have the right to have a decent work, equal treatment regarding remuneration, capacitation, formation, social security and access to better opportunities, similar to those employees who provide their services to the employer on-site.

It is important to point out that labour authorities will have to establish a national consultancy network, as well as promotion and development regarding home office between union, private and public organisations, with the purpose of facilitating the inclusion of people belonging to suspicious categories foreseen in article 1 of the Constitution.

The executive power will have a term of 180 working days, which will begin to tally when the Draft Amendment enters into force to establish an Official Norm (NOM) from safety, security and environment authorities.