For which companies does NOM-037 apply?
NOM-037-STPS-2023 is applicable to all workplaces that have employees who work more than 40% of their time from a place other than the central office.
One of the main obligations that the norm imposes on employers is to have an updated list of workers under the modality of home officewhich must include information such as names, gender, marital status, activities to be carried out, job profile, percentage of time dedicated to teleworking, contact telephone number, address, agreed workplaces, and the business name and address of the service center. job.
The norm also establishes that employers must implement a written Teleworking Policy, in which the culture of occupational risk prevention is promoted, communication mechanisms are established between the workplace and remote workers, working hours are established , promote equal rights between people who work in person and those who do so remotely, promote the gender perspective and guarantee the reconciliation of the personal life of workers.
Likewise, employers must inform workers about the risks associated with teleworking, including ergonomic and psychosocial risks, and provide a checklist of health and safety conditions in remote work. In addition, they must grant facilities for the Safety and Hygiene Commission to validate this list and evaluate possible risks.
What does the company have to give me if I work from home?
The new standard includes provisions that seek to regulate and protect workers who perform home office. Among them, it is established that employers have the obligation to provide the necessary tools for the performance of teleworking, such as ergonomic chairs, cover the costs proportional to the consumption of Internet and electricity, as well as the necessary electronic devices, such as computers, tablets, smartphones and printers, including the supply of ink for the latter.
The standard also establishes that workers must have an adequate and safe place to carry out their teleworking tasks, protected against physical agents and ergonomic and psychosocial risk factors. To ensure compliance with these conditions, the standard includes a list of minimum safety requirements in workplaces, such as adequate ventilation and lighting.
A relevant point is the recognition of the right to disconnectionwhich implies that employees must respect the times established for the working day and not participate in meetings or use computer equipment during vacation periods, permits and licenses.
Finally, the new norm stands out for its gender approach, by establishing special protections for those workers who may suffer domestic violence. In addition, it recognizes the right of lactating women to have breaks to feed their children or extract milk.
What obligations do I have as an employee if I do home office?
As for workers working under the teleworking modality, they also have responsibilities, such as reporting on changes of address at the workplace and periodically applying the checklist of health and safety conditions for remote work.
In addition, an important role is given to the Safety and Hygiene Commissions, who will be able to validate the working conditions of employees who telework, either through verification visits or through lists completed by the workers themselves, which may be verified with photographic or video evidence.
It is important to note that workers who telework have the same rights as those who work in person, including the right to unionize, to collective bargaining and to contact their co-workers in the workplace. The regulation makes it clear that workers should not be discriminated against or deprived of their rights for teleworking.
When does the new NOM-037 come into force?
NOM-037-STPS-2023 will enter into force six months after its publication in the Official Gazette of the Federation, that is, in December of this year. With this new standard, a total of 44 standards issued by the Ministry of Labor and Social Welfare on occupational health and safety are added.