The labor lawyer Kair Vela explains that a modality home office It is when a collaborator works remotely more than 40% of his total day. If so, both the time worked remotely and the salary, benefits and additional payments to carry out telecommuting functions will have to be in writing.
Companies must also pay the salary in a timely manner, not less than the salary received by a worker in face-to-face mode and respect the right to digital disconnection: workers can disconnect at the end of the working day and immediate bosses will have to respect that right.
If they do not do so, companies can receive a fine of 21,720 to 217,200 pesos, according to article 992 of the LFT. But some gaps detected by the specialists in the legislation have limited the fulfillment of the obligations.
The home office reform does not define how to calculate the “proportional” payment of services, giving rise to various interpretations.
“The law implies that the employer must pay in full. It can be understood as the consumption used by the worker to carry out the work that, in any case, could be obtained based on the differential in their consumption before teleworking and after it”, explained after the reform Alejandro Velasco, manager of Internal Communication and Corporate Social Responsibility of Sodexo Benefits and Incentives Mexico.
Only one employer out of six supports its workers with home office expenses. The support is approximately 350 pesos and only 20% of the employers give it, according to data collected by Mercer Mexico.
“Despite the success of the home office, the evolving state of hybrid work will bring many challenges as regular life resumes, Velasco added.
The ability to adapt to remote or mixed work has not been easy. The IT, finance and management insurance industries have had a smoother conversion. Manufacturing and food service companies, and functions such as customer service and shop floor workers have experienced a more complex transition.
With information from Nancy Malacara