Embrace Digital Tools to Comply With Mexico's Telework Norm

This month, the Mexican Official Norm (NOM) 37 regarding telework comes into force, in compliance with the reform of January 2021. The STPS itself estimates that teleworking can represent savings for companies of over MX$86,000 (US$5.000) per year per employee, when considering a three-day remote work modality.

The recent health crisis transformed the world and undoubtedly accelerated the evolution of labor schemes, as well as the adoption of technology, and teleworking is an example of this. According to data from the Ministry of Labor and Social Welfare (STPS), about 13 million people develop their work activities under this scheme.

The challenge is that organizations must find a way to comply with the law and, at the same time, guarantee the productivity of their associates. The way to achieve this is to integrate technology into organizational processes. These technological resources will allow organizations to verify that the company and its associates comply with the established commitments.

There are different ways of integrating management or measurement systems. Human capital management software platforms, for example,  allow human resources departments to monitor various activities in real time, from the level of progress and fulfillment of goals, to work environment and employee satisfaction levels, among other indicators. This also provides relevant and reliable information for decision-making.

Monitoring mechanisms can also be established for the computer equipment assigned to employees who work remotely, which translates into benefits such as adaptability to change. Having this modality makes it easier to continue working despite a contingency such as the pandemic. It also leads to increased productivity, as it allows employees to work in a familiar environment and thus obtain better results, while avoiding the complications of moving to a physical office. Implementing these tools allows us to be predictive rather than reactive to the use of equipment and thus ensure the continuity of the operation.

NOM 037 means investment on the part of the companies that use this modality for the equipment and expenses that are generated, and at the same time, it is a saving in terms of managing, taking advantage of, and determining the efforts and energy of associates in the development of their work. Companies are partially prepared, but as with any change, this will take place gradually. In short, the standard is a challenge, since it is not easy to regulate teleworking, and in that sense, to provide resources to employees according to the provisions of the law. Thus, organizations can approach companies that can solve the administration of the equipment given to associates and that can provide the necessary software to manage productivity.

With this new regulation, responsibilities that the company must comply with are established, as well as the rights and obligations of the associates, among which the following stand out:

For the company:

• To clearly establish schedules and the right to digital disconnection, as well as the telework policy that reflects the prevention of occupational hazards, gender perspective and equal treatment in terms of economic perceptions, training, and social security.
• To have a truthful and detailed list of the associates who develop their working day in telework or in a hybrid way and to register them to the obligatory regime of the social security system.
• Provide them with the necessary and adequate tools and materials for the development of their work through teleworking, such as desk, chair, computer and printer, among others.
• To cover proportional costs of services inherent to telework, such as connection to the  internet, telephony and electricity.
• Offer informative tools to support the security of information and data.
• Although companies have the right to verify the safety and health conditions related to teleworking, this does not allow them to visit the homes or workspaces of employees.

For the associates:

• To safeguard and keep in good condition the equipment, materials, tools and ergonomic furniture provided by the employer for teleworking.
• To comply with the policies and mechanisms for the protection of data and information established by the employer in the performance of their activities as workers, as well as restrictions on their use and storage.
• Participate in the processes of information of risks related to their teleworking activities and training provided by the employer, as well as in face-to-face or virtual meetings organized to avoid social isolation.
• Notify the employer and the Joint Commission of Safety and Hygiene of occupational hazards suffered.

Right to Digital Disconnection

According to NOM-037, digital disconnection is the employee's right to refrain from engaging in any type of communication with their employer at the end of their workday, during non-working hours, vacations, as well as leaves and leaves of absence. It allows workers to enjoy their rest time without the obligation to answer messages, audio and video calls or work phone calls.

It is important not to fall into the temptation of controlling every movement of workers, as this can generate distrust and negatively affect productivity. In the realm of control, it’s important to move toward strategic control and away from micromanaging. This can open the door of innovation and keep employees motivated. Strategic control should be, as the name implies, aligned with the company’s strategy. It is vital to trust technologies and our employees. Digital tools, such as collaboration applications and task-tracking software, can be very useful to monitor and evaluate the work of remote employees. We must leverage telecommuting to improve employee productivity and well-being.