In depth
Law No. 27,555 ("Law") created the Legal Regime of the Telework Contract, for establishing the minimum legal requirements for teleworking, providing that the specific features of each activity will be established through collective bargaining.
Section 18 of the Law designated, as the enforcement authority, the Federal Ministry of Labor, Employment and Social Security, and imposed on all employers using telework an obligation to register as such with the authority.
For this purpose, such employers must inform about the software or platform to be used for teleworking, and identify teleworkers, whose roster the employers must keep updated in the Registry, every time they have a new hire on a monthly basis. Such information would be shared with the corresponding trade union.
Regulation No. 1530/2022 of the ministry, also published in the Official Gazette on 12 October 2022, delegated to the Department of Labor the authority over the provisions of Section 18 of the Law, to issue the complementary and necessary regulations required for making the Law operational.
Within the scope of these powers, and to comply with Section 18 of the Law, the Department of Labor issued the Regulation that creates the Registry. In addition, it delegates to the National Board of New Forms of Work, which depends on the Deputy Secretary of the Department of Policies for Inclusion in the Labor World, under the Department of Labor, the powers of implementing, managing and controlling the Registry.
The ministry's website states that it is possible to start the employers' registration process here. However, as of the date of this publication, we understand that it is not yet operational.
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