Cross-border work: Hiring workers who work from Mexico

Teleworking is here to stay. The dynamics of markets and work relationships require adapting to new trends to attract and retain talent. What emerged out of necessity more than three years ago has become a permanent modality that allows workers to optimize their work-life balance. Some companies have adopted it to optimize expenses or even attract specialized talent that might not be available in the place of origin, regardless of where it is located. Workers can carry out the work
remote service, a few blocks from the workplace, a few kilometers away, in another state or even in another country.

Following the pandemic, Mexico has worked to create more comprehensive regulations. A specific chapter on teleworking was added to the Federal Labor Law (“LFT”) and an Official Mexican Standard was recently published to guarantee health and safety conditions in teleworking (NOM-037-STPS-2023), with the aim of becoming more competitive in the market and providing certainty about the rules. However, the reaction was late and it has not evolved with the required dynamics. The NOM will come into force in December.