In 2022, more organizations are expected to bet on hybrid work, with the 3-2-2 model prevailing (three days at the office, two days at home and two days off), according to an investigation by ManpowerGroup's Talent Solutions firm and Everest.
This modality would seek to preserve the home office, but without applying the teleworking reform, which this week turned one year after it came into effect.
But in a five-day weekly shift, working from home for only two days implies working outside the workplace for only 40% of the working day, that is, the limit established by the teleworking reform, the new provisions of the Federal Labor Law (LFT).
This work scheme develops three aspects. The first is the protection of the worker who performs the remote work so that the employer's obligations do not disappear, especially regarding the equipment that the worker has to receive for his or her functions.
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Another aspect has to do with avoiding the extension of working hours and a third aspect is health and safety at work ”, explains the labor lawyer Manuel Fuentes Muñiz.
On January 12, 2021, the telework reform came into force, which contemplates that to be applicable to telework, it must exceed 40% of the working day outside the workplace, while the 3-2-2 work model does not exceed the percentage set in the LFT.
Compliance with the telework regulation, since its promulgation in January 2021, has been a matter of various interpretations, among them the Ministry of Labor and Social Welfare (STPS) established a position in which it considered that the new provisions were not applicable in a context like the pandemic.
A year later, with a recovery in mobility and epidemiological traffic lights allowing the reopening of offices, specialists consider that the justification of force majeure for not applying the new regulation is no longer viable and the companies that maintain this scheme should comply with the new provisions.
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For Sara Morgan, specialist in Labor Law and independent consultant, the 3-2-2 hybrid model tends to become a benefit superior to the law rather than a new work format, where workers and companies must feel comfortable with their ways to work and agree on the one that suits both of you.
According to research by Bain & Company, one of the benefits for employers of establishing telecommuting as a permanent alternative is the optimization of the corporate workspace, which can lead to savings in real estate costs of between 15 and 30%, and a potential of up to an additional 20% through the redesign of operational processes.
In Solili you can consult available offices in Polanco, Reforma and Insurgentes