Hybrid work is not always telework in the legal sense. The Federal Labor Law applies the special regime when more than 40 percent of the workday is habitually performed outside the workplace through information technologies; occasional work is not included. When the assumption is triggered, the company must coordinate contract, policy, equipment, costs, disconnection, privacy and occupational safety and health in accordance with NOM-037-STPS-2023. In 2026, the evidence of compliance must cover each agreed place of work.
First, correctly classify the arrangement
The proportion of time and the habitual nature matter more than the name used by the company. If the legal threshold is exceeded, the conditions must be in writing and include equipment, supplies, contact and supervision mechanisms, distribution of schedules, payment of services and reversibility. The employer must provide, install and maintain the necessary equipment and bear telecommunications costs and the proportional part of electricity. Equality with in-person work and the right to disconnect at the end of the workday must also be respected. A hybrid scheme can change over time; that is why it is advisable to measure it per person and not rely solely on a general corporate policy.
NOM-037 turned into documents
The NOM requires an updated list of teleworkers and agreed places, a written policy, information on risks, training and a checklist of safety and health conditions. Connectivity, electrical installations, lighting, ventilation, ergonomics and psychosocial factors must be reviewed. Physical verification of the place requires consent; the self-administered checklist is an alternative provided by the standard and must be validated. Mechanisms are also needed to report changes of address, accidents, unsafe conditions and return to the office. The safety and hygiene committee participates within its powers. Photographs or home data must be limited to what is necessary and protected with access controls.
Costs, supervision and privacy
Supervision must be proportional, transparent and compatible with privacy. It is not appropriate to turn permanent cameras, indiscriminate captures or continuous availability into substitutes for the control of results and working hours. Mandatory reimbursements of equipment, telecommunications and electricity require a documented methodology; the IMSS has noted that, when they correspond to telework obligations and fulfill their nature, they do not form part of the base contribution wage. The company must align the agreement, inventory, receipts, technical support and information security policy. This guide is informational and does not replace an evaluation of the percentage worked remotely, the collective agreement or the specific risks of the position.
Key points
- The special regime applies when more than 40 percent of the workday is habitually performed remotely.
- Equipment, maintenance, telecommunications and proportional electricity are employer obligations.
- NOM-037 requires a policy, a list, training and safety and health verification.
- Supervision must respect privacy, the right to digital disconnection and proportionality.
What to review
- Measure the actual percentage of remote work and classify each position.
- Integrate the agreement, inventory, cost methodology and telework policy.
- Apply and update the checklist for each agreed place of work.