On Tuesday, March 3, the Chamber of Deputies approved, with 447 votes in favor, a reform to the Federal Labor Law to recognize the right to digital disconnection of workers outside their working hours.

With this approval, the bill was turned over to the Senate for discussion and vote.

What does the reform establish about the right to digital disconnection?

The reform proposes to add section VIII to article 3 Ter and section XXXIV to article 132 of the Federal Labor Law for the following purposes:

• Recognize and define digital disconnection as the right of workers to refrain from participating in any type of communication with the workplace at the end of the working day, during non-working hours, holidays, permits and licenses.
• Establish as an obligation for employers to respect the right to digital disconnection at the end of the working day, as well as to issue an internal policy to ensure compliance with this obligation.
• Determine that the exercise of the right to digital disconnection must respect the nature and purpose of the employment relationship, reconciling work activity with personal life and subject to what is established by the agreed negotiation between the employer and the workers or their representatives.

The precedent of the right to digital disconnection in the Federal Labor Law

The right to digital disconnection is not completely new in Mexican labor law. This right had previously been recognized in the Federal Labor Law, although only for people who work remotely.

Indeed, respecting the right to disconnect at the end of the working day was included as a special obligation of employers in the teleworking reform published in the Official Gazette of the Federation on January 11, 2021, specifically in section VI of article 330-E.
In this sense, the reform recently approved by the Chamber of Deputies seeks to extend the right to digital disconnection to all working people, and not just to those who work under the modality of teleworking.

Next steps in the legislative process

As mentioned before, the reform still needs to be discussed and voted on by the House of Senators, as well as published in the Official Gazette of the Federation to enter into force.
Therefore, we recommend keeping an eye on this legislative process.
In addition, if the reform is approved, it is recommended that employers review their internal documents, such as:

• employment contracts
• internal labor regulations
• teleworking policies

The foregoing in order to ensure compliance with the right to digital disconnection of workers, in accordance with the provisions of the Federal Labor Law.

About RRQB Legal Solutions

RRQB Legal Solutions is a law firm based in Monterrey that advises national and international companies on corporate, labor and strategic litigation matters. The firm supports organizations in the interpretation and implementation of regulatory changes in Mexico, including reforms to the Federal Labor Law, regulatory compliance and management of legal risks in labor relations.

Through a strategic and preventive approach, RRQB supports its clients in updating contracts, internal labor regulations, corporate policies and compliance structures, with the objective of providing legal certainty and legal support in a constantly evolving regulatory environment.