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Yesterday, on January 12, 2021, the Decree published on the Official Federation Journal that modifies article 311 of the Federal Labor Law (LFT) came into force, and Chapter XII Bis of the LFT is added, in terms of Home Office.
The rules will only apply to workers performing more than 40% of their activities at home. It will NOT be considered home office the one made occasionally or sporadically. This modality must be established on employment contracts and be part of the collective contract when trade unions exist. Otherwise, it must be included in the Internal Labor Regulations.
Like employers, the reform also considers new obligations for workers regarding the use and preservation of information, and the preservation of the work tools that the employer will provide them.
Labor inspectors will verify, monitor and confirm the proper implementation of this reform.