Mexico NOM-037-STPS-2023 Explained (Employer Guide)

What Is NOM-037-STPS-2023

NOM-037-STPS-2023 is an Official Mexican Standard that regulates occupational safety and health conditions for employees who perform remote work or telework.

It establishes mandatory employer obligations related to workplace safety, ergonomics, risk prevention, and documentation when work is performed outside the employer’s physical premises.

• Definition of NOM-037 as an Official Mexican Standard
  NOM-037-STPS-2023 is issued by the Ministry of Labor and Social Welfare and has binding legal force. It applies as a federal labor and safety regulation, not as a guideline or optional policy.
  
  

• Purpose of the regulation under Mexican labor and safety law
  The purpose of NOM-037 is to protect employee health and safety when work is performed remotely. It addresses physical, ergonomic, and environmental risks that arise outside traditional workplaces, while preserving employer accountability.
  
  

• Why NOM-037 was introduced
  The regulation was introduced to close legal gaps created by the expansion of telework. Mexican labor law requires employers to control workplace risks, even when work is performed from home or other remote locations.
  
  

Non-compliance with NOM-037 exposes employers to inspections, fines, and corrective orders under Mexican labor and safety law.

When NOM-037 Came Into Force

NOM-037-STPS-2023 was introduced with a clear legal timeline to transition remote work from an informal practice into a regulated labor and safety framework. Understanding when the standard became enforceable is essential, as compliance is now mandatory and subject to inspection.

• Official publication date
  NOM-037-STPS-2023 was officially published in the Official Gazette of the Federation in June 2023. From that moment, the regulation was formally adopted as part of Mexico’s federal labor and occupational safety framework.
  
  

• Mandatory compliance date
  The standard became mandatory after its transition period, making full compliance enforceable starting in December 2023. From this date forward, employers with telework arrangements are legally required to meet all obligations established by NOM-037.
  
  

• Transition from informal remote work to regulated telework
  Before NOM-037, many remote work arrangements operated without defined safety or documentation rules. The standard formally reclassified telework as a regulated work modality, placing clear responsibility on employers for safety, health, and compliance conditions.
  
  

Employers that continued informal remote work practices after the enforcement date are now exposed to inspections, corrective orders, and administrative penalties.

What Counts as Telework Under Mexican Law

Mexican labor law draws a clear distinction between regulated telework and occasional remote work. NOM-037-STPS-2023 applies only when specific legal conditions are met. Employers must correctly classify work arrangements to determine whether NOM-037 obligations apply.

• Legal definition of telework
  Telework is defined as a work arrangement where activities are performed in a location different from the employer’s premises, using information and communication technologies, and under an employment relationship governed by Mexican labor law.
  
  

• Minimum remote work threshold (40 percent rule)
  Telework exists when the employee performs more than forty percent of their working time at a location outside the employer’s worksite. If this threshold is met on a regular basis, the arrangement is legally classified as telework.
  
  

• Difference between telework and occasional remote work
  Occasional or sporadic remote work does not meet the telework definition. Working remotely on an irregular or temporary basis does not trigger NOM-037 obligations, as long as the forty percent threshold is not exceeded.
  
  

Misclassifying telework arrangements exposes employers to compliance failures, inspections, and penalties under NOM-037.

Who Must Comply With NOM-037

NOM-037-STPS-2023 applies broadly to employers in Mexico that use telework arrangements. Compliance is mandatory when the legal definition of telework is met, and obligations cannot be avoided through internal policy or contractual wording.

• Employers with teleworking employees in Mexico
  Any employer with employees performing telework in Mexico must comply with NOM-037. This applies whether the employer is local or foreign, and regardless of where company headquarters are located.
  
  

• No industry exemptions
  NOM-037 does not provide exemptions based on industry or business activity. Technology companies, professional services firms, manufacturing support roles, and administrative teams are all covered if telework conditions are met.
  
  

• Application regardless of company size
  The standard applies to employers of all sizes. Unlike some other NOMs, NOM-037 does not reduce obligations based on headcount. All employers with teleworking employees must comply fully.
  
  

Failure to apply NOM-037 correctly exposes employers to inspections, corrective orders, and administrative sanctions under Mexican labor and occupational safety law.

Relationship Between NOM-037 and the Federal Labor Law

NOM-037-STPS-2023 operates within the broader framework of the Federal Labor Law and does not create standalone obligations. Instead, it complements and enforces the telework provisions already established under Mexican labor law.

• Connection with telework articles of the LFT
  The Federal Labor Law includes specific articles regulating telework, defining employer and employee obligations related to equipment, safety, costs, and working conditions. NOM-037 aligns directly with these provisions and provides technical detail for their application.
  
  

• How NOM-037 operationalizes telework obligations
  While the Federal Labor Law establishes legal principles, NOM-037 defines how employers must implement them in practice. It sets measurable safety standards, documentation requirements, and preventive actions for teleworking environments.
  
  

• Employer responsibility under labor law
  Under Mexican labor law, the employer remains fully responsible for occupational safety and health, even when work is performed remotely. NOM-037 reinforces this responsibility and clarifies that telework does not reduce employer accountability.
  
  

Failure to apply NOM-037 alongside the Federal Labor Law results in incomplete compliance and increased enforcement risk for employers.

Core Objective of NOM-037

NOM-037-STPS-2023 establishes clear objectives focused on protecting employee health and safety in telework arrangements. The standard reinforces that remote work does not reduce employer obligations under Mexican labor and occupational safety law.

• Prevention of occupational risks in telework
  The primary objective of NOM-037 is to prevent occupational risks that arise when work is performed outside the employer’s facilities. This includes physical, ergonomic, and environmental risks that may affect employee health during telework.
  
  

• Protection of employee health and safety
  NOM-037 requires employers to take proactive measures to safeguard employee wellbeing. Employers must ensure teleworking conditions do not expose employees to hazards that could result in injury, illness, or long-term health issues.
  
  

• Promotion of safe and dignified remote work conditions
  The standard promotes telework environments that respect employee dignity, safety, and work-life balance. Employers are expected to establish conditions that support productivity without compromising health or safety.
  
  

By defining these objectives, NOM-037 makes clear that telework is subject to the same protection standards as on-site work under Mexican labor law.

Employer Obligations Under NOM-037

NOM-037-STPS-2023 establishes specific and enforceable obligations for employers that implement telework arrangements. These obligations focus on documentation, transparency, and control of teleworking conditions and cannot be satisfied through informal agreements.

• Written telework policy
  Employers must establish a written telework policy that defines working conditions, schedules, communication methods, and safety responsibilities. This policy must be communicated to teleworking employees and applied consistently.
  
  

• Telework-Related Expenses
  Employers must cover telework-related costs, including a proportional share of internet and electricity used for work. Under Article 330-E, section VI of the Federal Labor Law, these expenses must be paid by the employer and clearly defined in a written agreement with the employee, specifying the concepts, amounts, or reimbursement method.
  
  

• Updated list of teleworking employees
  Employers are required to maintain an updated record identifying employees who perform telework. This list must accurately reflect who meets the legal telework threshold and be available for inspection.
  
  

• Documentation of telework modality
  The telework arrangement must be formally documented, including the location where work is performed and the proportion of time worked remotely. Documentation must align with the legal definition of telework under Mexican law.
  
  

• Reversibility mechanisms
  Employers must establish mechanisms allowing telework arrangements to be reversed. Conditions and procedures for returning to on-site work must be clearly defined and documented.
  
  

Failure to meet these obligations exposes employers to inspection findings, corrective orders, and administrative penalties.

Telework Policy Requirements

NOM-037-STPS-2023 requires employers to formalize telework arrangements through a clear and enforceable written policy. This policy is a mandatory compliance document and must align with Mexican labor law and internal governance rules.

• Mandatory policy contents
  The telework policy must define working hours, availability rules, communication channels, equipment responsibilities, safety obligations, and conditions under which telework applies. It must also address data protection and risk prevention measures related to remote work.
  
  

• Communication to employees
  Employers must communicate the telework policy to all affected employees. Employees must be informed of their obligations and rights under the telework arrangement, and the policy must be accessible for reference.
  
  

• Alignment with labor contracts and internal rules
  The telework policy must be consistent with individual employment contracts and internal work regulations. Conflicts between documents create compliance risk and may invalidate parts of the policy.
  
  

Incomplete or inconsistent telework policies undermine NOM-037 compliance and increase exposure during labor inspections and enforcement actions.

Safety and Health Conditions for Telework

NOM-037-STPS-2023 requires employers to ensure that telework is performed under safe and healthy conditions, even when work takes place outside company facilities.

Employer responsibility for occupational safety extends to the remote workspace and must be addressed through preventive measures and documentation.

• Adequate workspace requirements
  Teleworking employees must have a designated workspace that allows tasks to be performed safely. The area must be suitable for work activities and free from conditions that may pose health or safety risks.
  
  

• Ergonomics, lighting, ventilation, and privacy
  Employers must consider ergonomic conditions such as appropriate seating, desk height, and posture support. Adequate lighting and ventilation are required to prevent eye strain, fatigue, and health issues. Privacy must be respected to allow focused and dignified work conditions.
  
  

• Electrical and connectivity safety
  Electrical installations used for telework must be safe and in good condition. Employers must take reasonable steps to ensure that equipment and connections do not create electrical hazards or operational risks.
  
  

Failure to address safety and health conditions in telework environments exposes employers to compliance findings and corrective orders during labor inspections.

Role of the Safety and Hygiene Commission

Under NOM-037-STPS-2023, the Safety and Hygiene Commission plays a formal role in ensuring that telework conditions comply with occupational safety and health requirements. Its involvement is mandatory and must be documented as part of the employer’s compliance framework.

• Verification of telework conditions
  The Commission is responsible for verifying that telework conditions meet the safety and health requirements established by NOM-037. This includes reviewing workspace conditions, ergonomic factors, and risk prevention measures related to remote work.
  
  

• Validation of checklists
  The Safety and Hygiene Commission must validate the telework safety and health checklist used by the employer. Validation confirms that the checklist reflects actual working conditions and that identified risks have been properly assessed and addressed.
  
  

• Ongoing monitoring responsibilities
  The Commission must participate in ongoing monitoring of telework conditions. This includes reviewing changes in work arrangements, identifying new risks, and confirming that corrective measures remain effective over time.
  
  

Failure to involve the Safety and Hygiene Commission properly weakens NOM-037 compliance and increases the likelihood of inspection findings and corrective orders.

Equipment, Tools, and Inputs Obligations

NOM-037-STPS-2023 places clear responsibility on employers to ensure that teleworking employees have the equipment and tools necessary to perform their work safely and effectively. These obligations are part of occupational safety compliance and cannot be shifted informally to the employee.

• Ergonomic furniture
  Employers must ensure that teleworking employees have access to ergonomic furniture that supports safe posture and reduces physical strain. This includes appropriate seating and work surfaces suitable for the tasks performed.
  
  

• Information and communication technology tools
  Employers are responsible for providing or ensuring access to the information and communication technologies required for telework. This includes equipment necessary to perform duties efficiently and securely under the telework arrangement.
  
  

• Maintenance and replacement responsibility
  Employers remain responsible for the maintenance and replacement of equipment used for telework. Damaged or unsafe tools must be repaired or replaced to prevent health, safety, or operational risks.
  
  

Failure to meet equipment and tool obligations exposes employers to inspection findings, corrective orders, and administrative sanctions under NOM-037.

Training and Awareness Requirements

NOM-037-STPS-2023 requires employers to provide structured training and awareness activities for teleworking employees. Training is a mandatory compliance obligation and must focus on health, safety, and risk prevention in remote work environments. Informal guidance or ad hoc communication is not sufficient.

• Annual training obligation
  Employers must provide training to teleworking employees at least once per year. Training must address the specific risks associated with telework and reflect actual working conditions. One-time onboarding training does not meet this requirement.
  
  

• Health and safety topics
  Training must cover ergonomic practices, proper use of equipment, safe workspace setup, electrical safety, and prevention of occupational risks related to telework. Employees must also be informed about reporting mechanisms for safety concerns.
  
  

• Documentation of training delivery
  Employers must document when training was delivered, the topics covered, and which employees participated. Records must be retained as evidence of compliance and be available during labor inspections.
  
  

Failure to provide or document required training weakens NOM-037 compliance and increases exposure to inspection findings, corrective orders, and administrative penalties under Mexican labor and safety law.

Psychosocial Health and Right to Disconnect

NOM-037-STPS-2023 reinforces employer obligations to protect psychosocial health in telework arrangements. Remote work does not remove the employer’s responsibility to control workload, working hours, and mental health risks associated with isolation and overwork.

• Workload and working hours control
  Employers must ensure that teleworking employees are not subjected to excessive workloads or extended working hours. Work schedules must be clearly defined and respected, with controls to prevent constant availability expectations.
  
  

• Prevention of burnout and isolation
  Telework may increase the risk of burnout and social isolation. Employers are required to implement measures that promote communication, support, and integration with the organization, reducing psychosocial risks.
  
  

• Respect for rest and disconnection
  Employers must respect rest periods and the employee’s right to disconnect from work-related communications outside agreed working hours. Continuous contact expectations undermine compliance and increase psychosocial risk.
  
  

Failure to manage psychosocial health in telework environments exposes employers to compliance findings, corrective orders, and potential labor disputes under Mexican labor law.

Domestic Violence and Vulnerability Support Measures

NOM-037-STPS-2023 recognizes that telework may expose employees to situations of vulnerability, including domestic violence. The standard requires employers to adopt protective and preventive measures when work is performed from home or another remote location.

• Employer obligation to establish support mechanisms
  Employers must establish mechanisms to identify and address situations where teleworking employees may be exposed to domestic violence or other vulnerability conditions. These mechanisms must be formal, documented, and integrated into telework policies and procedures.
  
  

• Confidentiality and employee protection
  All reports related to domestic violence or vulnerability must be handled with strict confidentiality. Employers are obligated to protect the employee from retaliation, discrimination, or adverse treatment resulting from disclosure.
  
  

• Referral and response procedures
  Employers must define clear procedures to respond when a vulnerability situation is identified. This includes referring the employee to appropriate internal or external support resources and taking measures to protect the employee’s safety and work conditions.
  
  

Failure to implement these measures weakens telework compliance and exposes employers to enforcement actions and increased labor risk under Mexican labor and safety law.

Employee Obligations Under NOM-037

NOM-037-STPS-2023 assigns specific obligations to employees engaged in telework. While employers retain full responsibility for compliance, employees are required to cooperate with established safety and documentation processes.

• Compliance with telework policy
  Teleworking employees must comply with the employer’s telework policy, including working hours, communication rules, and safety requirements. Failure to follow established policies may affect the effectiveness of risk prevention measures.
  
  

• Reporting changes in work location
  Employees are required to inform the employer of any change in the location where telework is performed. This ensures that safety conditions and risk assessments remain accurate and valid.
  
  

• Cooperation in safety verification
  Employees must cooperate in safety and health verification processes, including completing checklists and allowing assessments of telework conditions when required. Cooperation supports compliance and risk prevention.
  
  

Employee obligations support NOM-037 compliance but do not transfer legal responsibility. The employer remains accountable for ensuring telework conditions meet Mexican labor and safety standards.

Verification of Telework Conditions

NOM-037-STPS-2023 requires employers to verify that telework conditions comply with occupational safety and health requirements. Verification must be reasonable, documented, and respectful of employee privacy while still allowing the employer to fulfill legal obligations.

• Physical inspections
  When feasible and agreed, employers may conduct physical inspections of the telework workspace to verify safety conditions. These inspections must be limited to work-related areas and performed with prior notice and employee consent.
  
  

• Remote verification methods
  Remote verification is permitted and commonly used. Employers may rely on structured questionnaires, virtual walkthroughs, or documented self-assessments to confirm compliance with safety and ergonomic requirements.
  
  

• Use of photos or videos with consent
  Employers may request photos or videos of the telework workspace to verify conditions. Employee consent is mandatory, and materials must be used solely for safety verification purposes. Personal or unrelated areas must not be recorded.
  
  

Verification methods must balance compliance with privacy. Failure to verify telework conditions properly exposes employers to inspection findings, corrective orders, and liability under NOM-037.

Penalties and Consequences of Non-Compliance

Failure to comply with NOM-037-STPS-2023 exposes employers to enforcement actions by labor authorities and creates broader labor and operational risks. Compliance is subject to verification, regardless of whether an employee complaint exists.

• STPS inspection authority
  The Ministry of Labor and Social Welfare has authority to inspect telework arrangements and verify compliance with NOM-037. Inspectors may request telework policies, employee lists, safety checklists, training records, and evidence of monitoring. Missing or incomplete documentation is treated as non-compliance.
  
  

• Administrative fines and sanctions
  Non-compliance may result in administrative fines calculated in UMAs, corrective orders, and mandatory remediation deadlines. Failure to correct deficiencies or repeated findings can increase penalties and trigger follow-up inspections.
  
  

• Labor and operational risks
  Beyond fines, non-compliance increases exposure to labor claims related to occupational risks, health conditions, or working hours. It can also disrupt operations if corrective measures are imposed during inspections.
  
  

Ignoring NOM-037 obligations creates compounding legal, financial, and operational risk for employers using telework in Mexico.

Common Employer Mistakes With NOM-037

Employers often fail to comply with NOM-037-STPS-2023 due to incorrect assumptions about telework and incomplete implementation. These mistakes typically surface during inspections, when documentation and procedures are reviewed in detail.

• Treating telework as informal
  Many employers continue to treat telework as a flexible or temporary arrangement. Under Mexican law, once telework meets the legal threshold, it becomes a regulated work modality with mandatory obligations.
  
  

• Missing documentation
  Failure to maintain written telework policies, employee lists, safety checklists, or training records is a common compliance failure. Without documentation, employers cannot demonstrate compliance during inspections.
  
  

• Inadequate safety verification
  Some employers rely solely on employee statements without verifying telework conditions. NOM-037 requires reasonable verification measures to confirm safety and health conditions.
  
  

• Ignoring employee obligations
  Employers often overlook the need to inform employees of their obligations under telework arrangements. Lack of communication undermines compliance and risk prevention.
  
  

These errors lead to inspection findings, corrective orders, and increased labor and operational risk.

How Human Resources Mexico (HRM) Ensures NOM-037 Compliance

NOM-037 compliance requires more than policy templates. It demands local legal interpretation, verified safety controls, and a legally accountable employer in Mexico.

At Human Resources Mexico (HRM), we manage telework compliance as a core employer responsibility, not as an outsourced task.

• Local telework compliance interpretation
  HRM applies NOM-037 based on current STPS enforcement practice and Federal Labor Law requirements. Telework arrangements are classified correctly, and obligations are applied only when legal thresholds are met.
  
  

• Policy and documentation management
  HRM prepares and maintains all mandatory telework documentation, including written policies, employee telework lists, modality records, and reversibility mechanisms. Documentation is structured to withstand inspections and audits.
  
  

• Safety verification coordination
  HRM coordinates telework safety verification through compliant methods, including checklists, validations, and consent-based verification processes. Risks are documented, addressed, and monitored over time.
  
  

• Employer-of-record accountability
  As a REPSE-registered Employer of Record with a physical presence in Mexico, HRM assumes legal responsibility for NOM-037 compliance, inspections, and corrective actions. Compliance risk is controlled at the employer level, not shifted to the client.
  
  

Hiring in Mexico requires compliant telework execution. Ready to hire in Mexico? Reach out and get a custom proposal for your hiring needs.

FAQs

When does NOM-037 apply to remote employees?

NOM-037 applies when an employee performs more than forty percent of their working time outside the employer’s premises using information and communication technologies. Occasional or temporary remote work does not qualify. Once the threshold is met, telework is legally established and NOM-037 obligations apply.

Is NOM-037 mandatory for all companies in Mexico?

NOM-037 is mandatory for any employer in Mexico that has employees classified as teleworkers, meaning those who perform more than 40% of their work remotely. There are no industry exemptions, and the obligations apply regardless of company size. Whenever telework exists under this legal definition, compliance with NOM-037 is required.

What happens if an employer does not comply with NOM-037?

Non-compliance may result in STPS inspections, administrative fines calculated in UMAs, corrective orders, and follow-up audits. Employers may also face increased labor risk related to occupational safety, health claims, and operational disruptions linked to telework conditions.

Can telework be reversed to on-site work under NOM-037?

Yes. NOM-037 requires employers to establish reversibility mechanisms, which must be previously negotiated and mutually agreed upon by both the employer and the employee. Telework may be reversed under clearly defined conditions and procedures, allowing a return to on-site work. Reversibility must be documented and aligned with labor contracts and internal policies.

Does NOM-037 apply to employees working outside Mexico?

No. NOM-037 applies only to employment relationships governed by Mexican labor law and performed within Mexican territory. Employees working permanently outside Mexico are not covered, even if they report to a Mexican employer.