NOM-037: IMSS prepares criteria on obligations of companies with home office workers

It was last December 2023 when The Official Mexican Standard -037 on home office matters began to come into force throughout the Mexican national territory, with the objective of benefiting Mexican workers who work under said work scheme.

Under this understanding, almost three months after the entry into force of NOM-037 regarding teleworking in Mexico, the Mexican Social Security Institute (IMSS) is preparing the publication of the criteria for the home office, as well as the obligations of companies and employers.

According to what was announced by Norma Gabriela López Castañedadirector of Incorporation and Collection of the Mexican Social Security Institute (IMSS), will be during the last week of this month of February 2024 when the social security agency publishes the criteria linked to teleworking in Mexico.

Thus, the official indicated that, at the moment, the Employer obligations to provide internet, electric light or an ergonomic chair to workers who carry out teleworking are not part of the contribution base salary..

It is in this way that, within the framework of the Sixth National Congress of Reforms and Compliance 2024, López Castañeda pointed out that there must be congruence between what is established in the Federal Labor Law (LFT), on the employer's obligations towards its employees that make a home office, with the salary of the employee in question.

“It does not include a base contribution salary, a simile is made to the tools that the employer is obliged to provide. The Federal Labor Law established that you have to give him a chair or a pair of ergonomic chairs; you have to collaborate on the Internet part; you have to provide a part of light; you have to give the machine or machines […]and they are not going to be changing my computer every month, or suddenly they are going to buy him a Mac Super, I don't know what, and the poor man has an HP,” the IMSS official explained, highlighting, for example, that if the collaborator earns 10 thousand pesos per month, the company will not have to pay him 20 thousand pesos for electricity.

It is in this way that it will be next week when the IMSS publishes the obligations of companies and employers, as well as the integration of the base contribution salary for those who decide to work from home.

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