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It was on June 8 that the Official Mexican Standard was published in the Official Gazette of the Federation (DOF). NOM-037 that regulates the Telecommuting in Mexico. This new reform to the Federal Labor Law (LFT) will come into force as of December and establishes that for it to be executed, 40% of work activities will have to be carried out in a place other than the office, but did you know that for this reason the companies they can ask you for photos from your home for to access to give you the home office?
At point 5 of the NO 037 published in the Official Journal of the Federation that corresponds to the Obligations of the Employer is detailed in subsection 5.5 that it is valid that the company contracting party present as evidence of compliance in a document that all workers who want to resort to the dand home office have the health and safety conditions in the areas where they will carry out their work activities when they are not in the office.
Employees who want to work in the modality home office from their homes must have the validation of the employer who must ensure that the safety and health conditions are met at work by the worker under the modality of telecommuting. To verify that the workers have a work area that provides them with privacy and security to carry out their work, the contracting parties may ask for photos his houses or visit their homes.
In the NOM 037 The employer complies when he presents evidence that he “grants the facilities to the Work Center Safety and Hygiene Commission to validate the checklist of health and safety conditions in teleworking (including the photographic evidence or video) to ensure that the conditions for employees to carry out home office are optimal.
Why can companies ask you for PHOTOS or video of your house to access to give you the home office?
As established in section 5.4 of the NOM 037, the boss could ask you photos or videos of you home before agreeing to give you the home office to make sure that all the working conditions established in the Home Office law published on June 6 in the Official Gazette of the Federation (DOF) are met, which we list below so that you can take your precautions:
- That there is an illuminated work area, by natural or artificial light, that does not cause glare due to excessive lighting or due to inadequate location of the lighting source, or visual fatigue due to poor lighting.
- A work area that has a temperature and ventilation that is perceived as pleasant for the type of activity that is carried out in the workday.
- A work area with a noise level that does not impede concentration to carry out work, except for environmental noise that may be under the control of third parties.
- A work area so that the employee can feel comfortable to carry out their activities, in such a way that (due to the furniture, or prolonged sedentary positions) prevents the back, shoulders or neck from accumulating tension.
- That it has a physical space that, preferably, allows privacy to the worker under the modality of home office when you are in your working dayto prevent any person outside the tasks inherent to Teleworking from interfering, interrupting, or affecting their activities.
- To avoid work risks caused by psychosocial risk factors, it is necessary to have communication mechanisms to the employer about cases of family violence that affect the worker under the modality of home office, to telework from your own home.
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