Change in Legislation Needed to Face New Work RealityBy MBN Staff | Thu, 11/12/2020 - 10:00
After companies realized the effectiveness of home office, this scheme appears to be here to stay. However, this has raised concerns among certain organizations as this new normality is likely to increase job disruptions, which makes regulation a priority, reports Eurofound.
Mexican law specifies that working remotely with the use of information and communication technologies qualifies as remote work. Workers who fit in this category have to be registered in a Remote Employer Registry with the Labor Inspectorate. “Having multiple simultaneous employers does not exclude the worker from special legal protection established for remote work. Working conditions specifying the place of work, the quality and quantity of work to be performed and the remuneration for performing such work have to be stated in the labor contract,” José Pablo Hernández, a lawyer at UNAM’s Legal Research Institute, wrote for Remoter.
Remote workers in Mexico, Hernández writes, are entitled to paid vacations and compensation when fired without justification. “To establish a remote worker’s minimum wage, the same type of work not done remotely should be taken into account. Wages cannot be lower,” he points out. In addition, workers must enjoy aguinaldo, social security, one day of paid rest per week, paid vacations, maternity leave, subsidies and collective labor rights.
A survey carried out by S&P Global Market Intelligence’s Digital Pulse reported that 69 percent of companies have found that 75 percent of their workforce can work remotely without hurdles. Therefore, 64 percent of companies plan to increase remote work policies following the pandemic.
In June 2019, the Federal Labour Law (LFT) was amended to incorporate a chapter regulating and promoting remote working. However, Hernández warns, this law is no longer adept to the needs and reality we live today. Recently, ILO and the Eurofound carried out an evaluation of the working conditions of remote workers in industrialized countries to propose new policies. "Countries have to ensure there are minimum health and safety prevention mechanisms and principles outside of the traditional workplace," Hernández explains.
“In Mexico, there is a lot of space for overall improvement in the current legislation on remote work. For effective protection of workers’ rights and not restricting this type of work, following policy guidelines, like those provided by ILO, Eurofound, and the European Agency for Safety and Health at Work, is essential,” Hernández concludes.
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