The Labor Ministry approved the Regulation of Telework Implementation through Ministerial Resolution No. 220/20 according to the following guidelines:
1) The application of teleworking is allowed only in sectors where activities specifically allow it and as long as it does not affect other service areas.
2) Among the characteristics of teleworking, the following are considered:
a. It is a special type of employment relationship or provision of services.
b. Its application, is allowed as long as it does not affect other sectors or areas of other services.
c. The provision of services may be on-site or semi-attendance and remunerated.
d. The teleworker must accomplish the effective workday, in the corresponding working hours, days or through results management.
e. The provision of work may be permanent. This does not prevent the teleworker from going to the offices of the employer or to a public entity.
f. Also, the provision of the service may be temporary.
3) Telework will be applied in those positions in which it can be develop personally, permanently or temporary. Activities that must be developd personally, are excluded from this modality.
4)Teleworking may be implemented under the following modalities:
a. Permanent teleworking
b. Temporary teleworking
5) The contract must have the following aspects:
a. It must comply with all the provisions of the General Labor Law, its regulations and other legislation in accordance with current regulations.
b. Establish the following matters:
• Working conditions
• The effective working day set by the employer. (The employer cannot exceed the working hours established in this regulation).
• Provision of programs and the necessary equipment.
• Establish responsibilities.
• Point out computer security measures.
• The type of teleworking (permanent or temporary).
• The nature of the service.
• Amount, form and payment period.
• The accordance of the teleworker with the contract.
• Conditions for the investment of telework, which does not imply any conclusion of the employment relationship.
• Place where its functions will be carried out.
• Agreement on the provision of teleworking facilities.
• Monitoring mechanisms of supervision.
• The contract must be endorsed by the Ministry of Labor.
6) The employer has the following obligations:
a. Take the appropriate measures for data protection.
b. Inform the teleworker of the restrictions on the use of computer equipment.
c. Provide the necessary software, hardware, connectivity services, supplies and materials facilities.
d. Provide the appropriate technical support service.
e. Train the management and use of the equipment necessary to carry out its functions.
f. Protect personal data, intellectual property and information security.
g. Guarantee safety and health conditions at work.
7) The teleworker has the following obligations:
a. Responsibly of fulfilling its assigned tasks.
b. Maintain with due diligence all the equipment that is granted and only to carry out work activities.
c. Immediately report to the employer any loss, theft and other equipment and programs. under its responsibility
If you have any questions or queries about this alert, please contact FERRERE.