Chihuahua, Chih., January 12, 2021.
Dear clients and friends,
We hereby inform you, some important aspects for your Company, suggesting that the herein information is taken into account in its management.
On January 11th of this year, the decree that amends article 311 of the Federal Labor Law and incorporates chapter XII Bis, regarding “teleworking” (commonly known as “home office”), was published in the Federal Official Gazette, said decree shall become effective the day following its publication.
Thus, for the business sector it is strictly necessary and in order to be in compliance, to carry out in its administration and procedures the amendment of its individual work agreements, their internal regulations, and its collective agreement, if the case may be, in addition to updating its policies and related documents in order to guarantee the full compliance with the amendment.
The provisions of the amendment are applicable if the labor relations take place, more than 40% of the time, in the employee’s home (or other place designated) and under the teleworking scheme, in order to be considered as telework/home office; as foreseen in the provisions of article 311 of the Federal Labor Law (LFT) and its new additional chapter XII Bis, that establishes certain rules and mechanisms for the regulation and implementation of the contracting parties (employees and employers), as well as the authority’s capacity to verify its compliance.
For further information, please find herein a link to the decree published in the Federal Official Gazette on January 11th: https://www.dof.gob.mx/nota_detalle.php?codigo=5609683&fecha=11/01/2021
This law firm remains at your service for any queries or comments related to the information provided, in order to ensure that your company achieves an effective decision-making process in its management and its compliance, it is suggested to be aware of the new provisions to be issued on this particular matter.
Published by,
Lic. Daniel Alfonso Jiménez Lara / Partner of the Labor Practice Group.
