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Javiera Medina-Reza

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Javiera Medina Reza is a partner in Baker McKenzie's Mexico City office. Javiera has been practicing labor law for over 18 years. Prior to joining the Firm in January 2014, she worked as an associate in the labor and social security departments of two law firms in Mexico, and became a partner in 2012 in an international firm devoted to labor and employment matters. Javiera was an active participant in Ius Laboris, a global alliance of law firms, who provide specialized labor counsel to its clients, and the Lex Mundi Institute, Labor and Employment Practice Group. Javiera has been acknowledged by Chambers & Partners Latin America for her dedication and competence in labor and social security litigation, and recognized by Legal 500 Latin America as a legal advisor praised for her technical knowledge and studied opinions.

What’s changed?
On 15 July 2022, the Ministry of Labor and Social Welfare published the Draft from Official Mexican Standard called PROY-NOM-037-STPS-2022 regarding health and safety standards for telework, understood as the:
“way of subordinate labor organization consisting of the performance of paid activities at different places from original workplace for which the physical presence of teleworker is not necessary required in it, using information and communication technologies contact and control between the teleworker and the employer.”
The standard will be applied throughout the Mexican Republic to employers and work centers with employees who telework for more than 40% of their weekly working hours.

In brief Definition of teleworking (home office) Work supervised through electronic means or teleworking is a labor arrangement in which the employer supervises the employee, working from a location other than the employer’s physical workplace, through specific mechanisms. The physical presence of the employee is not required within the workplace.…

Definition of teleworking (home office)

Work supervised through electronic means or teleworking is a labor arrangement in which the employer supervises the employee, working from a location other than the employer’s physical workplace, through specific mechanisms. The physical presence of the employee is not required within the workplace. Teleworking is characterized by its reliance on IT equipment, and it uses information and communication technologies to facilitate contact and instruction between the employee and the employer. If the employee does not use IT equipment and is not under the employer’s direct supervision, the working arrangement falls under the “home working” category.

For the purposes of teleworking, information and communication technologies are understood as the set of services, infrastructure, networks, software, computer applications and devices that have the purpose of facilitating tasks and functions in the work centers.

Our Latin America Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with some of the most pressing issues employers are currently faced with in light of the global Coronavirus (COVID-19) outbreak. Use this guide to stay informed and take action in your…