International
Asia Pacific
EMEA
North America
Latin America
Law No. 32102, an amendment to the Telework Law, has been published, incorporating rights and obligations for teleworkers, as well as modifications to the minimum content of telework agreements.
The Executive Power will adapt the Regulation of the Telework Law to these new rules within 90 calendar days.
The main changes are described below.
The employer may not deduct the teleworker's remuneration or request compensation for hours not worked due to duly accredited power outages or internet service disruptions. However, this does not mean that companies cannot adopt other measures in the case of scheduled or prolonged outages. For example, personnel could be required to work in-person at such times.
In the event that the teleworker changes the usual teleworking site, they must ensure optimal IT and communication conditions for teleworking.
In turn, the employer will identify the hazards and assess the risks to which the teleworker would be exposed, implementing corrective measures as required.
To facilitate this process, it is important that the parties agree on the use of a self-assessment mechanism.
During the working day, the teleworker must not leave the usual teleworking site and perform personal activities. If they do so, they must justify these actions. If the worker does not justify these actions, it will be considered an infraction subject to a corresponding sanction.
It is important to note that this rule is applicable to teleworkers subject to immediate control, i.e., those who meet a work schedule. In addition, as it is a rule for the benefit of the employer, the latter may adopt a more flexible internal policy.
We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read the Spanish version.
* * * * *
© 2024 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.
Are you sure want to delete comment ?
Scan this QR Code to share this content
