In brief
In March, the Chamber of Deputies approved a bill to amend the Mexican Federal Labor Law to formally recognize employees’ right to digital disconnection. The bill has been sent to the Senate for discussion and potential approval.
The bill expressly recognizes employees’ right to disengage from work-related digital communications outside their regular working hours, as well as during rest days, vacations, and authorized leaves, and creates new employer obligations to protect this right.
If enacted, this bill would require material adjustments to workplace communication, supervision, and and operational policies and practices, particularly in remote work, hybrid arrangements, and flexible scheduling models.
Key takeaways
- Review current practices related to work-related communications outside working hours, including emails, instant messaging, phone calls, and other digital tools.
- Draft and implement an internal digital disconnection policy applicable to all employees, aligned with the nature of the company’s operations.
- Train executives, managers, and work teams on the scope of the right to digital disconnection and the exceptional circumstances under which out-of-hours contact may be justified.
- Properly document exceptional circumstances justifying contact outside working hours in order to mitigate labor and compliance risks.
- Assess the impact of the initiative on teleworking, remote work, and flexible work models, as well as on task allocation and workload distribution.
- Establish internal reporting channels allowing employees to raise concerns or report conduct that may infringe upon the right to disconnect.
In more detail
The proposed reform introduces an express definition of the right to digital disconnection into the Federal Labor Law. This right is defined as the ability of employees to refrain from participating in any form of communication with the workplace once their working day has concluded, as well as during rest days, vacations, leaves, and statutory permits.
The purpose of this right is to balance work obligations with employees’ personal and family life, taking into account the nature and purpose of the employment relationship.
Employers would be required to guarantee the right to digital disconnection at the end of the working day and to issue an internal policy applicable to all employees. The exercise of this right must be implemented in accordance with the terms agreed through negotiation between employers and employees or their representatives.
Only in exceptional and justified circumstances may employers contact employees outside working hours, including:
- Events of force majeure.
- Situations involving a serious, imminent, or evident risk to the business or its operations.
- Scenarios whose urgency clearly and unequivocally requires an immediate response.
If approved, the reform would enter into force the day following its publication in the Official Gazette of the Federation. The Ministry of Labor and Social Welfare would then have 90 days to issue implementing regulations to facilitate its application.
Failure to comply with the right to digital disconnection may result in significant consequences for employers. Specifically, the Ministry of Labor may impose fines ranging from MXN 5,856 to MXN 5,865,500 (approximately USD 325 to USD 325,861). In addition, communications sent outside working hours may be used as evidence in claims for overtime compensation or for violations of employees’ right to rest. This exposure is heightened in remote and hybrid work arrangements and may also extend to claims involving workplace harassment or hostile work environment allegations.
Ventura Jauregui E, Law Clerk, has contributed to this legal update.