Remote working policy in Mexico

Remote working policy in Mexico

Remote work in Mexico is recognized and regulated under specific labor laws. Employers and employees must comply with established guidelines to ensure lawful and fair remote work arrangements.

Definition of remote work

Remote work, also called telework, involves employees performing paid duties at locations outside the employer’s establishments. The work relies primarily on information and communication technologies for interaction and task management.

For a role to be officially categorized as remote, more than 40 percent of the employee’s working time must be carried out away from the employer’s premises or source of work.

Employment contract requirements

Written employment contracts are mandatory for all employees in Mexico, including remote workers. The contract must include standard terms and extra details specific to remote employment.

• Name, nationality, age, sex, and legal addresses of both parties
• Nature and scope of work duties
• Salary details and form of payment
• List of equipment and supplies provided, including those for safety and health
• Arrangements for remuneration related to remote work
• Contact and supervision procedures between employer and employee
• Distribution and duration of working schedules, within legal limits

Both employer and employee must retain a copy of the signed contract.

Employer obligations for remote work

Employers authorizing remote work must meet specific responsibilities to comply with Mexican labor law.

• Provide the necessary equipment, such as computers, chairs, or printers
• Install and maintain all work-related equipment
• Ensure prompt delivery and support for remote work tools
• Pay salaries as agreed in the contract
• Cover telecommunication costs (Internet and telephone) and a proportion of electricity expenses
• Register equipment and supplies issued to employees
• Implement measures for data and information security
• Respect the employee’s right to disconnect after official working hours
• Register remote employees for social security
• Offer training and counseling to promote proficiency in information technologies

Health and safety requirements

Employers must ensure remote employees have the tools necessary for their duties and safe working conditions. They are responsible for covering the costs of telecommunications services and a proportional part of electricity fees, although the exact proportion is not detailed by law.

Training in the use of information technologies is also required to support employee adaptation and skill development.

Legislation does not yet specify how occupational accidents for remote workers are regulated.

Data protection and information security

Employers are expected to apply appropriate data and information safety practices. Monitoring or recording employee activity through technology may be conducted by some companies, but there is no specific regulation mandating such systems.

Social security and registration

Employers must register remote workers with the Mexican Social Security Institute (IMSS) and ensure they have access to statutory benefits equal to those provided to on-site employees.

Working hours and the right to disconnect

Remote work agreements must spell out the work schedule, ensuring it does not exceed legal maximums. Employees have the right to disconnect and are not required to respond to work communications outside agreed hours.