Remote Work Agreement Mexico (Acuerdo de Teletrabajo)

A Remote Work Agreement Mexico (Acuerdo de Teletrabajo) is a formal written agreement between a patrón (employer) and a trabajador (worker) in Mexico that establishes the specific terms and conditions under which the worker performs their duties using information and communication technologies (ICT) from a location outside the employer's business establishment for more than 40% of their working time, governed by Articles 330-A through 330-K of the Ley Federal del Trabajo (LFT) added by the Decreto published in the Diario Oficial de la Federación on 11 January 2021. The teletrabajo reform made Mexico one of the first countries in Latin America to establish a comprehensive statutory framework for remote work, introducing specific employer obligations that go significantly beyond the general employment contract requirements of Articles 24 and 25 LFT.

Article 330-A LFT defines teletrabajo as a form of work organization that involves the performance of subordinate activities, remunerated, using information and communication technologies, at the worker's home or at a location chosen by the worker, for more than 40% of the total working time. The 40% threshold is critical — workers who work remotely less than 40% of their time are not covered by the teletrabajo regime and their remote arrangements are governed by the general employment contract provisions of the LFT. The Secretaría del Trabajo y Previsión Social (STPS) has issued guidelines clarifying that the 40% threshold is measured over a rolling calendar period, not on a day-by-day basis.

The teletrabajo reform introduced nine specific employer obligations under Article 330-E LFT that do not apply to traditional on-site employment contracts: (i) providing, installing, and maintaining ICT equipment necessary for teletrabajo — computer, keyboard, mouse, monitor, printer, and other required peripherals; (ii) paying a proportional share of the worker's telecommunications costs (internet connectivity) and, where applicable, electricity costs attributable to teletrabajo; (iii) keeping written records of all work tools and equipment provided to the teleworker; (iv) providing training and technical support to workers for the use of ICT equipment; (v) implementing specific cybersecurity and data protection measures for teletrabajo environments; (vi) conducting ergonomic risk assessments of the teleworker's home work environment; (vii) complying with NOM-035-STPS-2018 (Factores de Riesgo Psicosocial en el Trabajo — Identificación, Análisis y Prevención) for psychosocial risk prevention; (viii) respecting the worker's right to disconnect (derecho a la desconexión digital) outside of agreed working hours; and (ix) issuing and maintaining a written teletrabajo agreement (acuerdo de teletrabajo) as a complement to the employment contract.

The right to disconnect (derecho a la desconexión) under Article 330-E Fraction VIII LFT is one of the most operationally significant provisions of the teletrabajo reform. Workers have the right not to respond to work communications — emails, instant messages, calls — outside their agreed working hours, and employers may not penalize workers for exercising this right. The agreement must specify the working hours during which the worker is expected to be connected and responsive, and must acknowledge that communications outside those hours do not create an obligation of immediate response.

The constitutional basis for employment in Mexico rests in Article 123 of the Constitución Política de los Estados Unidos Mexicanos of 1917. Teleworkers retain all minimum benefits under the LFT: aguinaldo of at least 15 days' salary per year under Article 87 LFT, annual vacation of at least 12 working days under Article 76 LFT (reformed December 2022), a 25% prima vacacional under Article 80 LFT, PTU at 10% of annual taxable profits under Articles 117 through 131 LFT, IMSS coverage under Article 15 of the Ley del Seguro Social (LSS), and INFONAVIT contributions of 5% of the SDI under Article 29 of the Ley del INFONAVIT. The SDI for IMSS purposes is calculated under Article 84 LFT including base salary plus proportional values of all regular benefits — it does not include non-salary expense reimbursements such as internet or electricity subsidies, provided these are genuinely compensatory and not disguised salary.

Transitions between on-site and teletrabajo are regulated by Article 330-H LFT: the employer may not unilaterally impose teletrabajo on a worker who was hired for on-site work, and a worker who is already teleworking may request a return to on-site work under the conditions established in the teletrabajo agreement or applicable collective bargaining agreement (contrato colectivo de trabajo). Changes in work modality must be agreed in writing and may not result in a reduction of the worker's salary, benefits, or working conditions.

A Remote Work Agreement Mexico under Articles 330-A through 330-K of the Ley Federal del Trabajo is needed in every situation where a worker performs subordinate, remunerated work using ICT from outside the employer's establishment for more than 40% of their total working time. The agreement is mandatory under Article 330-C LFT — it is not optional even where the employment contract already exists — and must be executed as a complement to the underlying employment contract.

The agreement is required when a company formalizes a permanent or long-term home office arrangement for existing employees. During the COVID-19 pandemic, millions of Mexican workers shifted to remote work under emergency measures that have since become permanent in many organizations. Companies in technology, finance, professional services, consulting, insurance, and media that have institutionalized home office as a standard modality for positions that can be performed remotely must execute formal teletrabajo agreements under Articles 330-A–330-K LFT for all workers who work remotely more than 40% of the time.

The document is needed when a company hires new employees from the outset for fully remote or predominantly remote positions. Technology companies (empresas de tecnología) headquartered in Mexico City, Guadalajara (Mexico's Silicon Valley), or Monterrey that recruit developers, data scientists, product managers, and UX designers for fully remote roles must execute teletrabajo agreements alongside the employment contract as part of the new-hire documentation package.

Hybrid work arrangements (modalidad híbrida) require careful analysis. Where the hybrid arrangement results in the worker being remote more than 40% of their working time across the relevant measurement period, the teletrabajo regime applies and a formal agreement is required. Employers with hybrid arrangements that keep remote time below the 40% threshold should still consider executing a complementary agreement under Article 330-C LFT to document equipment loans, expense reimbursements, and data protection responsibilities — even where the full statutory teletrabajo regime does not technically apply.

The agreement is also needed when a worker transitions from on-site work to teletrabajo — for example, when a worker requests a home office arrangement for personal reasons (family care, relocation, disability accommodation) or when the employer proposes to convert an on-site position to remote. Under Article 330-H LFT, this transition must be agreed in writing by both parties and must not result in any reduction of salary, benefits, or working conditions.

Companies with operations in the northern border zone (Zona Libre de la Frontera Norte — ZLFN) that engage teleworkers in states including Baja California, Sonora, Chihuahua, Coahuila, Nuevo León, and Tamaulipas must apply the higher ZLFN minimum wage ($419.88 MXN per day in 2025) and ensure their teletrabajo agreements reflect the applicable salary floor.

The agreement must be registered with the Centro Federal de Conciliación y Registro Laboral (CFCRL) under Article 330-C LFT along with the employment contract. Failure to execute and register a teletrabajo agreement for workers who meet the 40% threshold exposes the employer to STPS fines, adverse evidentiary presumptions in labour disputes under Article 784 LFT, and potential claims for equipment and expense reimbursements that the employer failed to provide.

A valid Remote Work Agreement Mexico under the Ley Federal del Trabajo must satisfy the requirements of Articles 330-C through 330-E LFT plus the general employment contract requirements of Articles 24 and 25 LFT. The nine employer obligations under Article 330-E LFT are the core mandatory content of this agreement.

Identification of Parties and Link to Employment Contract: Full legal name, RFC (Registro Federal de Contribuyentes), CURP, and NSS of both the patrón and the trabajador, plus an explicit reference to the underlying employment contract (contrato de trabajo) that this teletrabajo agreement complements. The agreement must make clear it is a supplement to — not a replacement for — the employment contract.

Teletrabajo Location: The specific address or addresses where teletrabajo will be performed — typically the worker's home address, but potentially also coworking spaces or other locations the worker may use. Under Article 330-D LFT, any change of teletrabajo location requires prior written notice to the employer.

Working Hours and Schedule: The agreed daily working hours and schedule during which the worker is expected to be connected, available, and responsive. This clause establishes the boundaries of the right to disconnect (derecho a la desconexión digital) under Article 330-E Fraction VIII LFT — outside these hours, the worker has no obligation to respond to work communications.

Right to Disconnect: An explicit recognition of the worker's right to disconnect from all work-related digital communications (email, instant messaging, video calls, corporate apps) outside the agreed working hours, with a clear statement that the employer will not penalize, disadvantage, or negatively evaluate the worker for exercising this right. This clause must reference Article 330-E Fraction VIII LFT.

ICT Equipment Provision: A detailed inventory of the ICT equipment provided by the employer — computer model and serial number, monitor, keyboard, mouse, headset, printer, and any other devices — with the employer's commitment to install, maintain, repair, and replace this equipment under Article 330-E Fraction I LFT. The inventory must be updated whenever equipment changes.

Expense Reimbursement: The employer's commitment to pay a proportional share of the worker's telecommunications costs (internet connectivity) and electricity attributable to teletrabajo under Article 330-E Fraction II LFT. The agreement must specify the reimbursement mechanism — fixed monthly allowance, percentage of documented invoices, or other agreed method. The STPS has not published definitive guidance on calculation methodology, so employers should document a reasonable, consistent approach.

Data Protection and Cybersecurity: The specific measures the employer will implement to protect personal and commercial data processed in the teletrabajo environment — VPN requirements, device encryption standards, prohibited use of personal devices for work data, password policies, and incident reporting procedures — under Article 330-E Fraction V LFT and the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP). The worker's ARCO rights under the LFPDPPP must be acknowledged.

Ergonomic Risk Assessment: The employer's commitment to conduct an ergonomic risk assessment of the teleworker's home workspace under Article 330-E Fraction VI LFT. This assessment should cover workstation setup (chair height, monitor distance, keyboard position), lighting, and ventilation. NOM-035-STPS-2018 requires employers to identify and prevent psychosocial risk factors — remote isolation, workload, and work-life boundary erosion are the primary psychosocial risks for teleworkers.

Training Obligations: The employer's commitment to provide training on the use of ICT equipment, cybersecurity practices, and ergonomic workstation setup under Article 330-E Fraction IV LFT. Training records must be maintained as part of the employer's capacitación documentation registered with the STPS.

Transition Back to On-Site Work: The conditions under which the worker may request a return to on-site work, and the procedure for agreeing such a transition under Article 330-H LFT, including notice periods and the employer's obligation to accommodate the transition without reducing salary or benefits.

Collective Bargaining Compatibility: Where applicable, a statement confirming the agreement is consistent with the collective bargaining agreement (contrato colectivo de trabajo) covering the worker's position. Article 330-J LFT requires that teletrabajo provisions be negotiated with unions and incorporated into collective agreements where they exist.

Governing Law and Dispute Resolution: The agreement is governed by the Ley Federal del Trabajo, Articles 330-A through 330-K, the Ley del Seguro Social, the Ley del INFONAVIT, the LISR, and the LFPDPPP. All disputes must pass through mandatory conciliation at the Centro Federal de Conciliación y Registro Laboral (CFCRL) before proceeding to the competent Tribunal Laboral under the 2019 reforma laboral.

Forms-legal.com provides this Remote Work Agreement Mexico template as a practical starting point for formalizing teletrabajo arrangements. Employers with large remote workforces should have their teletrabajo policies reviewed by a Licenciado en Derecho with labour and data protection expertise to confirm full compliance with Articles 330-A–330-K LFT, NOM-035-STPS-2018, and the LFPDPPP.