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Who is this law applicable to?
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- Public sector employees subject to any labor regime.
- Private sector employees subject to any labor regime.
- Job training programs, provided that the training nature of these programs is not altered.
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What are the formalities applicable to the implementation of telework?
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- Agreement signed between the teleworker and the employer (agreement, employment contract, or document attached).
- The signed agreement must specify if telework will be applied on a temporary or permanent basis, and in a total or partial manner.
- Request from the employee to the employer to change the service provision mode (from in-person work to telework or vice versa). The maximum period to receive a response from the employer is 10 business days.
- In case the employer has failed to provide an answer to the employee with respect to the change of service provision mode, such request will be deemed as approved.
- Exceptionally, the employer may change the service provision mode from in-person work to telework or vice versa, ensuring the provision of adequate training and working conditions, as well as efficient arrangements for the provision of services.
- Communication, supervision, and control mechanisms must be implemented by the employer.
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What are the rights of teleworkers?
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- Right to receive as part of their working conditions: equipment, access to internet, all legal considerations, as well as compensation for energy consumption, unless agreed otherwise.
- Right to digital disconnection.
- Right to earn overtime pay in case any work is performed outside the regular work shift.
- Right to the privacy and inviolability of private communications and documents.
- Right to be informed of measures, conditions, and recommendations related to Occupational Safety and Health (OSH).
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What are the obligations of teleworkers?
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- Perform telework in a personal manner.
- Perform and report on any assigned work within the regular work shift.
- Comply with the requirements set out by the employer with respect to telework.
- Be available during the work shift.
- Comply with all measures, conditions and, recommendations related to OSH, digital security and trust, and data protection and confidentiality.
- Take care of the equipment provided for telework.
- Participate in the training programs established by the employer.
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What are the working conditions that employers must provide?
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- Provide work equipment and compensate for energy and internet expenses (upon prior agreement).
- The obligation to compensate employees for such expenses does not apply to Micro and Small Enterprises registered with the National Registry of Micro and Small Enterprises (Registro Nacional de la Micro y Pequeña Empresa - REMYPE), unless otherwise expressly agreed.
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Where can teleworkers perform their duties?
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- Teleworkers can freely decide where to provide their services, which can be either inside or outside our country, upon prior communication among the parties.
- If the regular place of work changes, the teleworker must inform the employer within 5 business days prior to such change.
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Must a teleworker be registered with the Ministry of Employment?
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How must the expenses incurred by teleworkers be compensated?
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- The expenses incurred for the equipment used by a teleworker must be borne by the employer in any modality (total or partial telework), and this is not conditioned to whether the telework is performed from the teleworker’s home or not, unless agreed otherwise.
- Internet services and energy consumption costs will be borne by the employer when teleworking services are provided at the teleworker’s home.
- The amounts borne by the employer to compensate such expenses qualify as working conditions and are recorded as such in the PLAME.
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What is the work shift of a teleworker?
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- The work shift of a teleworker is the same as in-person workers.
- The parties may agree on the free distribution of the work shift during times that better suit the teleworker’s needs, without exceeding the maximum work shift set out by law.
- In case a teleworker provides their services outside of the regular work shift or during weekends or holidays, such hours must be recognized by the employer.
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What are the conditions applicable to Digital Disconnection?
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- Teleworkers have the right to digital disconnection during the hours that do not correspond to their regular work shift.
- Digital disconnection time must be at least 12 continuous hours during a 24-hour period. This applies to managerial employees, confidential employees, occasional staff, and those employees not subject to supervision.
- During this period, the employee is not required to reply to any communications, orders, among others, except in force majeure events or exceptional circumstances.
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What Occupational Safety and Health measures must teleworkers take?
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- The employer must identify the hazards, evaluate the risks, and implement corrective measures necessary for the performance of telework. For such purpose, the teleworker will be required to grant access to the place where they will provide their services.
- In case it is not possible to provide such access, the teleworker may carry out the identification of hazards through a self-evaluation mechanism, for which the employer will be required to provide adequate training.
- The employer will be required to train employees and provide OSH recommendations.
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