New Home Office Regulatory Regime in Mexican Federal Labor Law | ZFZ Postcard Cases
On 11 January 2021, an amendment to the Federal Labor Law was published in the Mexican Official Gazette introducing new provisions on what constitutes “home office”.
The new regime defines a home office arrangement as an employment relationship where more than 40% of working time is rendered in a place different from the working establishment. The definition of home office also requires instructions and communications between the parties to be done by electronic means.
Under Mexican law, this working arrangement must be agreed by the employee, except for force majeure cases.
A home office arrangement must be regulated in an employment contract setting out the relevant terms and conditions.
The new regime mandates new obligations for employers. Most notable obligations include to provide, install and
maintain the employee’s necessary working tools; to contribute to electricity bills and other related expenses; and to implement mechanisms to guarantee data protection and confidentiality of information.
Read more on the new regime here.