Remote Work in Mexico

By: Victor Mauricio Diaz , Carlos ChavezPublished on Feb/25/2026

The modality of remote work or also known as home office was formally regulated in Mexico at the beginning of 2021 through a reform to the Federal Labor Law (the "Law"), due to the need to establish the rules for this type of work which saw significant growth during 2020 as a result of the COVID-19 pandemic.

Remote work consists of the performance of paid activities in places other than the employer's establishment, without requiring the physical presence of the employee in the workplace and primarily using information technologies for contact and command between the parties “Remote Work”). This modality applies when more than 40% of the working day is carried out outside the workplace, either at the employee’s home or at the address chosen by the employee.

General Aspects of Remote Work

Some important aspects and formalities of this way of working are:

  • The conditions of Remote Work must be set out in writing in the employment agreement, which must include, in addition to the ordinary requirements established by Law, the following: (i) the nature and characteristics of the Remote Work; (ii) the work equipment and materials; (iii) the description and amount to be paid by the employer to the employee for utility services at home related to Remote Work; (iv) the mechanisms of contact and supervision between the parties; and (v) the duration and distribution of working hours, which may not exceed the maximum allowed by Law.
  • It may be agreed that the work will be performed at a place jointly determined by the employee and the employer, whether at the employee’s home address or at another location chosen by the employee.
  • The change from the face-to-face modality to the Remote Work modality must be voluntary and in writing, except for duly accredited force majeure, and this change may be reversed.
  • Special health and safety conditions for Remote Work are regulated through specific provisions issued by the Ministry of Labor and Social Welfare in December 2023.
  • The mechanisms, operating systems and any technology used to supervise the Remote Work must be proportional to its objective, guaranteeing the right to privacy and protection of personal data of remote workers. In exceptional cases, or when the nature of the duties so requires, video cameras and microphones may be used for supervision.
  • The employer may carry out inspections at the employee’s home to verify that the conditions of his work space comply with the necessary safety and hygiene and comfort and isolation, although such inspections should not violate their privacy and intimacy.
  • Labor inspectors may: (i) verify that employers keep a record of the work materials delivered to remote workers; (ii) monitor compliance with occupational health and safety obligations; (iii) ensure that the salaries of remote workers are not lower than those paid to face-to-face employees who perform the same or similar duties; and (iv) ensure compliance with the special obligations of employers.

Obligations of the employer and the employee

In an employment relationship under the Remote Work modality, employers have the following obligations:

  1. provide, install, and provide maintenance to work equipment such as computer equipment, ergonomic chairs, printers, etc.; as well as verify that the place where the Remote Work is carried out has adequate ergonomic, lighting, ventilation, and safety conditions;
  2. receive the work and pay wages on time;
  3. cover the proportional costs of paying for telecommunications and electricity services;
  4. keep a record of the work materials delivered to the employees in terms of occupational safety and health;
  5. implement mechanisms that preserve information security;
  6. establish internal guidelines for supervising working hours, respecting employees’ privacy, the right to disconnect at the end of the workday, and the protection of personal data;
  7. register remote working employees in the mandatory regime of the Mexican Social Security Institute (IMSS);
  8. establish training mechanisms to ensure the adequate adaptation of employees in this modality; and
  9. promote balance in the employment relationship of people in the Remote Work modality, so that they enjoy decent work and equal treatment in terms of remuneration, training, social security, and access to better job opportunities, in relation to face-to-face employees.

On the other hand, employees must:

  1. take the greatest care in the storage and conservation of the equipment, materials, and tools they receive from the employer;
  2. timely report the agreed costs for the use of telecommunications services and electricity consumption by the Remote Work;
  3. comply with occupational health and safety provisions;
  4. follow and use the mechanisms and operating systems for the supervision of their activities;
  5. observe the data protection policies and mechanisms used in the performance of their duties, as well as the restrictions on their use and storage.

Remote Work continues to gain ground in the Mexican work environment, and its application requires strict compliance with the current legal framework, thus it is important that both employers and employees are fully aware of their obligations and comply with them to guarantee an efficient, safe, and law-abiding employment relationship.

February 2026.

This article was originally written in 2020 by Víctor M. Díaz and Carlos A. Chávez, and updated in February 2026. Please send any questions or comments to info@jata.mx. One of the original authors is a JATA labor advisor – J.A. Treviño Abogados and can be reached at vdiaz@jata.mx, and the other was a Senior Associate at JATA. JATA is a Mexican law firm with offices in Monterrey, Mexico and Houston, Texas.

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