Remote Work Policy Mexico (Política de Teletrabajo)

A Remote Work Policy Mexico (Política de Teletrabajo) is a formal company-wide document that establishes the rules, rights, obligations, and procedures governing telework arrangements for workers employed under the Ley Federal del Trabajo (LFT). The policy is grounded in Articles 330-A through 330-K of the LFT, introduced by the Decreto por el que se adicionan y reforman diversas disposiciones de la Ley Federal del Trabajo en materia de Teletrabajo, published in the Diario Oficial de la Federación on 11 January 2021, which made Mexico one of the first countries in Latin America to establish a dedicated statutory framework for remote work in the private sector.

The teletrabajo reform defines teletrabajo (Article 330-A LFT) as a form of work organization subordinada in which the worker performs their activities at a location other than the employer's establishment, using primarily information and communication technologies (tecnologías de la información y comunicación — TIC). The reform applies only when the worker performs more than 40% of their total working hours remotely at a fixed location — arrangements involving less than 40% remote work fall outside the formal teletrabajo regime and are treated as ordinary work with mobility components under general LFT provisions.

The Política de Teletrabajo translates the statutory obligations of Articles 330-A through 330-K into operational company rules. Article 330-D LFT imposes on the employer a comprehensive list of obligations including: providing, installing, and maintaining the equipment necessary for the work (equipos, herramientas y materiales de trabajo — including computers, chairs, printers, and related peripherals); paying or reimbursing the proportional costs of services consumed by the worker at home, including electricity (electricidad) and internet connectivity (servicio de internet); ensuring adequate ergonomic conditions (condiciones de seguridad y salud en el trabajo) in the remote workplace under the Normas Oficiales Mexicanas applicable to occupational safety, particularly NOM-035-STPS-2018 (psychosocial risk factors); providing training on safe telework practices; registering the telework agreement with the employer's IMSS patron registration; and respecting the worker's right to disconnect (derecho a la desconexión) outside of agreed working hours, which Article 330-G LFT defines as the worker's right to disengage from digital work tools and not respond to communications outside scheduled work hours without adverse employment consequences.

The Secretaría del Trabajo y Previsión Social (STPS) published the NOM-037-STPS-2023 (Teletrabajo — Condiciones de Seguridad y Salud en el Trabajo), published in the DOF on 8 June 2023, which establishes detailed technical requirements for the remote workplace, including minimum workspace dimensions, lighting levels (minimum 300 lux), noise limits, ergonomic furniture standards, emergency evacuation procedures applicable to home offices, and employer inspection rights — subject to the worker's consent and privacy rights — to verify compliance with the NOM. Employers with teleworkers must comply with NOM-037-STPS-2023 within the deadlines established therein and must document compliance in their occupational safety management systems.

The Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros (CONDUSEF) and the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI) have both issued guidance relevant to remote work data protection, emphasizing that employers must establish protocols governing the security of company data accessed from home networks under the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP) published in the DOF on 5 July 2010.

A Política de Teletrabajo is also essential for managing the reversibility of telework arrangements under Article 330-E LFT, which grants both the employer and worker the right to request a return to in-person work — the employer for organizational reasons and the worker for personal reasons including family care needs (cuidados de personas dependientes) — subject to reasonable notice and the terms established in the teletrabajo agreement and this policy. The policy provides the framework within which individual Acuerdos de Teletrabajo (telework agreements) and Acuerdos de Gastos de Teletrabajo (expense reimbursement agreements) operate.

A Remote Work Policy Mexico is required under Article 330-D of the Ley Federal del Trabajo whenever a Mexican employer has workers who perform more than 40% of their total working hours at a fixed location outside the employer's establishment using information and communication technologies. The policy must be adopted before or simultaneously with the execution of individual teletrabajo agreements with affected workers, since the statutory obligations under Articles 330-A through 330-K LFT apply from the moment the telework arrangement commences.

The policy is needed when a company formally institutionalizes remote work following the COVID-19 pandemic era, during which many employers operated under informal telework arrangements that did not comply with the 2021 LFT teletrabajo reform. Any company that maintained remote work arrangements after the reform's effective date of 12 January 2021 without implementing a compliant policy and individual agreements was in technical violation of Articles 330-C and 330-D LFT and was exposed to STPS inspection findings and fines under Article 992 LFT.

A Política de Teletrabajo is also needed when a company hires new workers specifically for remote positions — a common practice in the technology, financial services, customer support, and professional services sectors. In these cases, the policy establishes eligibility criteria, equipment provision procedures, expense reimbursement calculation methods, and the right-to-disconnect protocols that must be communicated to the worker before the employment relationship begins.

The policy is necessary when a company operates across multiple states in Mexico, since state-level labour inspectorates (inspectorías del trabajo) have jurisdiction to enforce LFT compliance within their territories and companies with multi-state remote workforces must demonstrate a unified and consistent teletrabajo policy that satisfies both federal LFT obligations and any applicable state labour standards. The STPS conducts coordinated inspections with state secretarías del trabajo under coordination agreements.

Employers subject to collective bargaining agreements (contratos colectivos de trabajo — CCTs) registered with the Centro Federal de Conciliación y Registro Laboral (CFCRL) under the post-2019 reforma laboral must also align the teletrabajo policy with the applicable CCT provisions, since unions representing workers in sectors with active CCTs may negotiate telework conditions superior to those established in the LFT under the principle of favourability (principio de la norma más favorable al trabajador) recognized in Article 57 LFT. The STPS and the CFCRL have published guidance on integrating teletrabajo provisions into CCT negotiations.

The policy is also required for IMSS compliance purposes: Article 330-D, Fracción VIII LFT requires the employer to register the telework arrangement with the IMSS so that the worker's social security coverage (including riesgos de trabajo / occupational risk coverage under the Ley del Seguro Social Article 41) is properly classified as applicable to the home office location. Failure to update the IMSS registration for teleworkers can expose the employer to liability for workplace accidents occurring at the home office that are not covered by IMSS because the location was not registered.

A compliant Remote Work Policy Mexico under Articles 330-A through 330-K of the Ley Federal del Trabajo and NOM-037-STPS-2023 must address the following essential elements to satisfy statutory obligations and protect both employer and worker.

Scope and Eligibility: Clear definition of which positions, departments, or categories of workers are eligible for teletrabajo under the policy, the minimum and maximum percentages of remote work permitted (noting that the full teletrabajo regime of Articles 330-A–330-K applies only above 40% remote work time), and the criteria used to determine eligibility — such as nature of duties, job level, seniority, performance record, and operational requirements. The policy should specify whether teletrabajo is available on a permanent basis, on a rotating hybrid schedule, or case-by-case at the employer's discretion.

Application and Agreement Process: The procedure for workers to request teletrabajo, the information to be provided in the request, the employer's response timeline, and the requirement that every teletrabajo arrangement be formalized through a written Acuerdo de Teletrabajo (telework agreement) supplementing the employment contract under Article 330-C LFT. The policy should cross-reference the company's Acuerdo de Gastos de Teletrabajo template used to document equipment provision and expense reimbursement.

Equipment and Materials Provision: Detailed rules implementing Article 330-D, Fracción I LFT — the employer's obligation to provide, install, and maintain the equipment and tools necessary for the work. The policy should specify which devices (laptop, monitor, keyboard, mouse, headset, printer) and which furniture (ergonomic chair, desk) the employer provides, the procedure for delivery and return of employer-provided equipment, the worker's obligations regarding care and maintenance, and the consequences of equipment damage or loss. Workers may not be required to use personal equipment without voluntary agreement and appropriate compensation.

Connectivity and Expense Reimbursement: Rules implementing Article 330-D, Fracción II LFT — the employer's obligation to pay or reimburse the proportional costs of electricity and internet services consumed for work purposes. The policy should state the reimbursement calculation method (for example, a fixed monthly allowance per the Acuerdo de Gastos de Teletrabajo, or a proportional calculation based on verified usage), the payment schedule (monthly, bimonthly), and the documentation requirements (receipts, invoices from the electricity provider CFE and internet provider).

Right to Disconnect: Rules implementing Article 330-G LFT — the worker's right to disengage from digital work tools outside of the agreed working schedule without adverse consequences. The policy must specify the worker's agreed working hours, the channels and response time expectations for digital communications, the prohibition on managerial practices that effectively extend working hours through digital communications outside schedule, and the consequences for supervisors who violate the right-to-disconnect standard. The STPS has emphasized that right-to-disconnect violations constitute psychosocial risk factors under NOM-035-STPS-2018.

Occupational Safety and Health: Rules implementing Article 330-D, Fracción IV LFT and NOM-037-STPS-2023 — requirements for the worker's home office workspace, including minimum space, lighting (minimum 300 lux), ergonomic setup, electrical safety, and freedom from physical hazards. The policy should describe the self-certification checklist (checklist de condiciones de seguridad) that workers must complete when establishing their home workspace, the employer's right to conduct virtual or in-person workplace inspections with prior notice and worker consent, and the reporting procedure for occupational accidents (accidentes de trabajo) occurring at the home office, which must be reported to IMSS under Article 51 of the Ley del Seguro Social.

Data Security and Confidentiality: Protocols for securing company data, systems, and intellectual property accessed remotely, including requirements for VPN use, password management, encryption of portable storage devices, prohibition on using unsecured public Wi-Fi networks for work purposes, and compliance with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP). Workers handling personal data of clients or third parties must comply with the employer's aviso de privacidad and any applicable data transfer agreements under INAI guidelines.

Reversibility: Rules implementing Article 330-E LFT — either party's right to request a return to in-person work. The policy should specify the notice period required, the review process, the circumstances under which the employer may require return to in-person work (operational needs, performance concerns, organizational restructuring), and the circumstances under which the worker may request reversal (personal or family care needs, health reasons, housing changes). The policy must make clear that the worker's refusal to return cannot constitute grounds for unjustified dismissal without a legitimate operational justification.

Forms-legal.com provides this Remote Work Policy Mexico template to help employers establish compliant teletrabajo frameworks. Given the technical requirements of NOM-037-STPS-2023 and the interaction with IMSS registration, CCT obligations, and LFPDPPP data protection requirements, employers should have this policy reviewed by a licensed abogado laboralista and an occupational safety specialist before implementation.