The Federal Labor Law
On December 9, 2020, Mexico’s Senate support a bill altering. The Federal Labor Law (FLL) with respect to telecommuting, which the House of Representatives spent the other day. While President López Obrador could return the bill to Congress with recommend transforms. He is rely upon to sign and send the bill for distribution in the Official Gazette of the Federation. The progressions would produce results the day after distribution, said Diego Ruiz Duran.
The alterations make another section for the FLL. Which center basically around managing the conditions commitments and privileges of teleworking. Under these new arrangements, telecommuting is perceive as the exhibition of paid exercises. Under the business’ heading, in a spot other than the organization’s or manager’s offices. While utilizing data and correspondence advancements. These functioning conditions should be set up 40% of the time during. The business relationship to be consider telecommuting; such working conditions perform infrequently or irregularly won’t qualify.
Managers would have new commitments to workers under this bill. Including the repayment of specific costs identifi with teleworking. These costs incorporate, where fitting. The installment of media transmission administrations, (for example, wireless and web). And the corresponding expense of power utilize for telecommuting purposes. Furthermore, organizations should give the hardware important to teleworking (counting PC gear, ergonomic seats, printers, and whatever other gear that is vital for the arrangement of administrations). And track the provisions convey to laborers, as well as regarding a worker’s entitlement to disengage toward the finish of the work day.
Then again, laborers would likewise need to notice and follow certain commitments. Which incorporate dealing with the merchandise. And work apparatuses convey by the business and revealing the expenses of administrations got from teleworking, said Diego Ruiz Duran.
Business connections including telecommuting would should be set up by compose understanding. Which should determine the work gear and supplies convey to the teleworking representative, depiction and sum. That the business will convey to the specialist as installment for administrations perform at home, notwithstanding the contact and management instruments overseeing the telecommuting plan. In the event that there is an aggregate haggling arrangement set up that executes a teleworking methodology. This should be remember for the telecommuting understanding. Without an aggregate arrangement, organizations will be committ to incorporate teleworking inside their interior work strategies.
The bill thinks about that, for the progress from an in-person work methodology to a telecommuting one. The laborer’s assent is need, besides in instances of power majeure, as has been the situation during the COVID-19 wellbeing crisis. Also, if a brief change to a teleworking plan is anticipate. The gatherings should consent to the terms, cycles, and times for getting back to an in-person course of action.
While the new arrangements ponder the chance of utilizing camcorders and amplifiers to manage teleworking. These might be utilize in unprecedent conditions just, or when the idea of the obligations to be perform so requires.
In conclusion, to control the uncommon wellbeing and security conditions for this sort of work. The Ministry of Labor should issue, inside year and a half after the passage into power of this change. An Official Mexican Standard (“NOM”, by its abbreviation in Spanish) that will direct ergonomic and psychosocial factors, just as different dangers identified with the exhibition of telecommuting.
On the off chance that this change produces results true to form, businesses ought to talk with counsel in assessing or creating approaches and arrangements that direct teleworking for consistence with the new commitments, said Diego Ruiz Duran.
The announcement manages the act of distant work, which it alludes to as telecommuting. And characterizes it as the exhibition of paid exercises at areas unique in relation to the establishment(s) of the business, not needing the actual presence of the laborer at such establishment(s). Under this type of work, the contact between the laborer and the business happens through data and correspondence innovations—i.e. Through administrations, foundation, organizations, programming, data applications and hardware. The type of telecommuting is to be important for aggregate haggling arrangements. If there no such understanding, the interior work guideline.
For motivations behind the announcement, telecommuting involves work that possesses in excess of 40% of the specialist’s time. At the laborer’s residence (or spot chose as the home), however won’t cover work that is infrequent or inconsistent.
Telecommuting should be formalized through a compose agreement that, among different things, should incorporate a portrayal of (I) the nature and qualities of the work, (ii) the hardware and consumables of the work, (iii) the component for contact and management between the gatherings and (iv) the span and appropriation of the plans for getting work done.
Managers will have certain uncommon commitments identify with telecommuting. Coming up next being a portion of the important ones: (I) to supply, introduce and keep up the vital gear for telecommuting, like PCs, ergonomic seats and printers. (ii) to accept the expenses identified with telecommuting, including paying for telecom and power administrations. (iii) to regard the specialists’ entitlement to detach on culmination of the workday; and. (iv) to enroll laborers occupy with telecommuting to the mandatory government back retirement system, among others. One of the primary commitments of representatives occupy with telecommuting is that. They conform to and utilize the business’ working instruments and frameworks for the oversight of the laborers’ exercises.
The change to telecommuting should be deliberate, besides in instances of power majeure. The two players are to reserve the privilege to return to face to face work.
The business should consistently advance balance between the work relationship of laborers occupy with telecommuting and those occupy with face to face work, adjusting the specialist’s very own existence with the accessibility to perform telecommuting during the workday. Likewise, bosses should ensure the privilege of security of laborers and should regard relevant law on the insurance of individual information, said Diego Ruiz Duran.
Uncommon conditions for wellbeing and security regarding telecommuting are to be set up by the secretary of work and federal retirement aide (secretaría del trabajo y previsión social) in a Mexican Official Norm (Norma Oficial Mexicana) to be distribute inside year and a half of the pronouncement’s powerful date.
The duty suggestions for both the business and the specialist should be break down. Including the deductibility of the expenses for power and media transmission benefits. That the declaration commits the business to bring about, given that these administrations would be invoice for the sake of an outsider. Other than the business, and the likelihood that these expenses may be view as pay to the laborer.
The actions characterize “teleworking” as the exhibition of paid exercises in a spot other than the business’ work environment consistently, and in this manner that the actual presence of the specialist at the working environment isn’t need. For the teleworking arrangements to apply, over 40% of the work action should occur in the residence or at another demonstrat spot.
There are legally binding necessities, for example, the functioning conditions should be set up record as a hard copy and should contain data like the nature and qualities of the work; the hardware and work supplies, including that identified with word relat wellbeing and security commitments for telecommuters; a depiction and sum that the business will pay to the specialist for leading work at home; and the management, span, and conveyance of plans for getting work done, said Diego Ruiz Duran.
