Remote Work Regulation Across Latin America
In this Expert Focus podcast, Clarissa Lehman, a partner at Trench Rossi Watanabe, is joined by María del Rosario Lombera and Carlos Felce, partners at Baker Mckenzie Mexico and Venezuela, to discuss remote working regulation in Latin America.
Clarissa Lehman
María del Rosario Lombera
Carlos Felce
The COVID-19 pandemic created a sudden need for employers to start or increase working from home. Although, at the time of the pandemic, hybrid work regimes were not heavily regulated in Latin America, today there are more specific laws on the matter.
It is key that employers keep themselves up to date with these new legal developments so that they can avoid unexpected costs and plan ahead to mitigate any possible risks and liabilities.
On 15 July 2022, a draft of Norm 037, a new regulation regarding health and safety standards for telework, was published in Mexico. Employers must make sure that teleworking locations has an internet connection and adequate health and safety conditions.
Employers must establish, in writing, a teleworking policy, inform teleworkers of relevant risk factors and provide an ergonomic chair and equipment.
Brail has also introduced a new law that further regulates teleworking. Law 14,442 consolidated provisions that had been temporarily enacted by Presidential Decree. Initially intended to be temporary, these provisions will remain part of the Brazilian legal system.
The definition of telework has been changed. Previously, the remote aspect of the arrangement had to be predominant, now any work arrangement where there is a remote work component will be governed by the telework provisions of Brazilian labour law.
These new regulations, among others, will require employers to take immediate action and review their current practices for compliance with the requirements.
A "one size fits all" solution may not always work across Latin America.
Trench Rossi Watanabe
Baker McKenzie
