How NOM-037 Affects Companies with Remote Employees
Discover how Mexico’s NOM-037 impacts companies with remote employees. Learn compliance requirements, employer obligations, and strategies to reduce risks.
Remote work in Mexico grew rapidly during the pandemic and has since become a permanent fixture for many industries. To regulate this shift, the Mexican government introduced NOM-037-STPS-2023, a new workplace standard that specifically addresses telework and home office arrangements.
For businesses with remote employees, NOM-037 is more than just a legal formality—it establishes new employer obligations, compliance risks, and safety requirements. Companies that fail to adapt risk fines, labor disputes, and reputational damage.
This article explores how NOM-037 affects companies in Mexico and what steps employers must take to comply.
What Is NOM-037?
NOM-037 is an official Mexican workplace regulation issued by the Secretaría del Trabajo y Previsión Social (STPS). Its purpose is to:
- Define standards for safe and healthy telework conditions.
- Protect employee rights when working from home or outside company offices.
- Establish employer responsibilities in providing equipment, ergonomic support, and risk prevention.
It applies to companies in all industries that allow employees to work remotely for more than 40% of their time.
Key Employer Obligations Under NOM-037
1. Provide Adequate Equipment and Tools
Employers must supply the necessary tools for remote work, such as:
- Computers, headsets, and software.
- Ergonomic chairs and desks when applicable.
- Technical support for remote equipment.
2. Ensure Occupational Health and Safety
Companies are responsible for evaluating the home office environment to ensure it meets safety requirements. This includes:
- Adequate lighting and ventilation.
- Ergonomic conditions to prevent musculoskeletal disorders.
- Safe use of electrical connections and devices.
3. Cover Work-Related Expenses
NOM-037 requires employers to compensate employees for electricity, internet, and other work-related costs. This must be clearly established in company policies or employment contracts.
4. Respect Work-Life Balance
Employers must respect employees’ right to disconnect after working hours. Excessive communication outside of shifts may be considered a labor violation.
5. Update Internal Policies
Companies must adapt their internal work regulations and contracts to reflect NOM-037 requirements, including:
- Telework agreements.
- Procedures for requesting or ending remote work.
- Responsibilities of both employer and employee.
Compliance Challenges for Companies
Implementing NOM-037 is not without difficulties:
- Cost of compliance: Providing ergonomic equipment and covering expenses increases operating costs.
- Monitoring home offices: Companies must evaluate workspaces without violating employee privacy rights.
- Policy updates: Existing contracts and internal regulations often need legal restructuring.
- Foreign companies: Multinationals must adapt global HR policies to align with NOM-037.
Risks of Non-Compliance
Failure to comply with NOM-037 can result in:
- Fines from the STPS for violating labor standards.
- Increased liability in case of work-related accidents or illnesses.
- Employee lawsuits over unpaid expenses or unsafe conditions.
- Damage to employer reputation in a competitive labor market.
Best Practices for Compliance
Conduct Remote Workplace Assessments
Use surveys, checklists, or virtual inspections to evaluate safety conditions.
Provide Ergonomic Support
Offer stipends or direct provision of ergonomic chairs, desks, and equipment.
Formalize Policies in Writing
Update employee contracts and internal work regulations to include telework rights and obligations.
Train Managers and Employees
Educate both HR teams and employees on NOM-037 requirements and responsibilities.
Partner with HR and Payroll Experts
Consider outsourcing HR and compliance functions to ensure proper documentation and adherence to Mexican labor law.
Impact on Companies and the Future of Remote Work in Mexico
NOM-037 is not designed to discourage remote work but to ensure it is safe, fair, and sustainable. For companies, compliance can actually improve:
- Employee satisfaction and retention by showing care for well-being.
- Productivity through better-equipped home offices.
- Legal security by minimizing labor risks.
As remote work continues to expand in Mexico, businesses that adapt early to NOM-037 will gain a competitive edge in attracting and retaining top talent.
Conclusion
NOM-037 marks a turning point in how Mexico regulates remote work. For companies, it means new costs and responsibilities—but also an opportunity to build safer, more attractive workplaces.
By providing proper equipment, covering expenses, respecting work-life balance, and updating internal policies, businesses can ensure compliance while strengthening their employer brand.
👉 Companies that embrace NOM-037 not only avoid legal risks but also position themselves as leaders in the future of work in Mexico.
