Key takeaways
- Teleworking is a modality that can be applied totally or partially, temporarily or permanently.
- It is carried out from the place chosen by the worker, provided that it has the necessary digital and communication conditions. It may even be a place outside the national territory. When the latter occurs, it is necessary to analyze the specific case to avoid labor and tax contingencies.
- The parties must agree whether the worker will receive compensation for the cost of internet service and electric power, as well as for the use of their electronic equipment, if applicable.
- The parties can agree on the free distribution of the day at the times that best suit the needs of the teleworker. The teleworker has the right to digital disconnection during the hours that are not part of their working day. The digital disconnection time must be at least 12 continuous hours in 24 hour periods in the case of workers who are non-supervised, part of management, intermittent, or workers who have distributed their working day.
- Teleworking must be agreed through a contract or agreement. For exceptional but duly motivated reasons, the employer may implement teleworking unilaterally, as well as reverse previously implemented teleworking arrangements. In this case, the employer must send a prior communication within a minimum period of 10 business days.
- On their part, the worker can request the change of the mode of work provision (from face-to-face work to teleworking or vice versa); the employer decides within a period of 10 working days.
- The worker must provide facilities to the employer to enter the teleworking place and identify hazards, risks and implement corrective measures. By mutual agreement, the parties may agree on an alternative self-assessment mechanism. To do this, the teleworker uses a format to be developed by the Ministry of Labor, through which the teleworker himself identifies the dangers and risk assessment at work.
Below, we detail the main differences between the regulations on the subject:
| Aspects |
Remote work |
Old Teleworking Law |
New Teleworking Law |
| Validity |
Until 31 December 2022 |
Until 11 September 2022 |
As of 12 September 2022. Employers can comply with the standard up to 60 days after the Regulation is published. |
| Agreement |
No |
Yes |
Yes. Exceptionally, the employer may implement it unilaterally. |
| Place of work |
Chosen by the worker, inside or outside the national territory |
Chosen by the worker, within the national territory |
Chosen by the worker, inside or outside the national territory |
| Tools and equipment |
At the expense of the employer. There is no obligation to compensate if the worker uses their own equipment. |
At the expense of the employer. There is an obligation to compensate if the worker uses their own equipment. |
At the expense of the employer. The parties agree on whether financial compensation is paid for the use of the worker's equipment. In the absence of agreement, compensation is paid. |
| Internet service and electricity consumption |
The employer does not compensate. |
The employer compensates. |
The parties agree on whether financial compensation is paid. In the absence of agreement, compensation is paid if the services are provided from the worker's home. |
| Working day |
The ordinary working day agreed by the parties applies. |
The ordinary working day agreed by the parties applies. |
The parties can agree on the free distribution of the day at the times that best suit the needs of the teleworker. |
| Safety and health |
It is mandatory to provide the worker with safety recommendations. |
The general law is applied, considering the features of teleworking. |
The employer identifies the risks in the workplace. A self-assessment mechanism can be agreed upon. |
| Training |
In the use of systems, computer applications or platforms that the worker had not previously used |
On the computer means used for work, on restrictions on the use of such means, and on personal data protection, intellectual property and information security |
In the use of computer applications, in information security and in health and safety at teleworking |
We trust that this information will be useful to you. If you require legal advice on this issue for your company, do not hesitate to contact us.
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