Many specialists agree that the pandemic of Covid-19 promoted the digitization of companies like never before. Millions of workers They had to adopt a remote scheme and the organizations learn to operate with a new model that brought new challenges such as information security. However, just as there are companies that have supported their employees in the process others have complicated it forcing them to have their cameras turned on, practice what is illegal.
Remember that when the home office became a general practice due to the health contingency, the government of Mexico decided to implement a law, effective from January 2021, for regular This work scheme that, according to experts and organizations, is here to stay and, in many cases, will be a permanent option for employees even when the pandemic passes.
For most the most important of the new regulation was that the employer was required to share expenses of light e internet, but there are also other elements that are relevant to know in order to defend the Rights as a worker, for example, not being obliged to have the camera turned on.
Some companies implemented this practice in order to ensure that people were actually working from home. However, this implies a privacy violation Therefore, in the section of the Federal Labor Law where the issue is addressed, it is explained that organizations cannot request that the cameras are on, except in some specific cases.
Article 330-I mentions that any mechanism, operating system and technology to be used for supervise the home office It must be proportional to its objective, that is, they can only be used to keep certain records as long as the Right to privacy and the regulations regarding personal data protection.
This means that only cameras and microphones to supervise the home office in an extraordinary way or when the type of functions require it. If your company does not allow it and wants to oblige you, you can go to the corresponding instances such as the Conciliation and Arbitration Boards and the Federal Attorney for the Defense of Labor.
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What else does the law say?
On January 12, the reform on telework through the changes to article 311 of the Federal Labor Law that regulates the performance of paid activities in places other than the workplace using the information technology.
The law explains that to be considered a home office model, at least 40% of working time must be done outside the office. In addition, it must be carried out under a written agreement agreed between the employer and the worker.
One of the points that has attracted the most attention is that the obligation of employers to provide the inputs. Although it must be said that this is not something new, the Federal Labor Law already established that employers must offer workers the different elements so that they can carry out their work. In the case of a home office, you can request, for example, a computer and printer.
You can also order the proportional payment of internet and light. For this it is important that the worker report on the costs to determine the part that the employer will assume.
Another right that can be requested is the training, in addition to demanding that it be rexpress work schedule, not because you can connect at any time does it mean that you must be available 24/7. What is more, the regulation indicates the right to disconnect of people at the end of the working day.