Home-based work for rains and digital disconnection for all? The initiative that employers should follow closely

The Congress of Mexico City recently approved an amendment to the Federal Labor Law to incorporate the possibility for workers to temporarily request to perform their activities from home when natural phenomena affect mobility, safety or the material possibility of going to the workplace.

In turn, the opinion also contemplates extending the right to digital disconnection to all workers, regardless of the modality under which they provide their services.

  1. Weather-related Permits

The proposal is based on the recognition that increasingly intense weather phenomena can make it difficult or even impossible for workers to travel safely to their work centers. Under this logic, it seeks to incorporate mechanisms that allow the continuity of work activities without compromising the physical integrity of workers.

  1. Digital disconnection

It also proposes extending the right to digital disconnection to all employees, i.e., the right not to respond to communications, messages, calls or work instructions outside working hours, subject to any exceptions that may be applicable.

Although the initiative will still have to continue its legislative process in the Mexican Congress, its content reflects an increasingly visible trend towards strengthening protective measures related to health, safety and work-life balance.

  1. Risks and Implications

If approved under its current terms, companies could face new challenges in determining when remote work is appropriate due to weather contingencies, implementing protocols for these situations and adjusting their communication policies outside working hours.

The topic is particularly relevant for organizations that operate through hybrid schemes, use constant communication tools or lack specific protocols to deal with situations that affect the mobility of their employees.

In view of this, we consider it appropriate to ask the following question Are there clear policies in your company regarding off-duty work communications? Do you have guidelines to deal with contingencies that prevent attendance at the workplace? A preventive review of these practices can help identify compliance risks and facilitate adaptation to eventual changes in labor legislation. At Vega, Guerrero & Asociados we offer personalized accompaniment, in which we provide you with support to identify areas of opportunity in your company. If you wish to review the impact of this reform on your operation or schedule an implementation session, we are at your disposal.

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