Teletrabajo: ¿Cuáles son  los aspectos claves para implementarlo?

What are the key aspects to implement it?

Telecommuting. Companies must assess whether they are going to maintain remote work (full permanent or by areas), if they are going to use a hybrid system (partial) or if it is going to be temporary.

On Sunday, September 11, Law 31572, Teleworking Law, was published, which regulates subordinate performance without physical presence in the workplace through the use of digital platforms and technologies.

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The norm has established a period of 90 days to issue the regulation and, from this date, 60 more days for companies to adapt; that is, it will be due approximately in February 2023.

Although there are five months left, it is not a long time if we want to be efficient and avoid labor contingencies.

In this sense, Brian Ávalos, partner at Payet, Rey, Cauvi, Pérez Abogados shares five points that could be advanced:

1. Evaluate if we keep working remotely

Companies must assess whether they are going to maintain remote work (full permanent or by areas), if they are going to use a hybrid system (partial) or if it is going to be temporary.

Also, to decide, they should look at productivity goals and how they fared with remote work. Recurring problems must be identified in order to regulate them.

Other companies that have returned to face-to-face are evaluating granting the facility to the worker to occasionally carry out remote work. Keep in mind that if the telework is occasional (not regular), the new telework law does not apply.

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2. Consider the costs and benefits of implementing telework

The norm obliges to assume internet and energy costs, for which some companies are quantifying this amount (how much is used in the day of these services is measured).

On the other hand, some companies are considering stopping leasing or modifying a coworking system, giving them time to implement these changes.

3. Negotiation with workers

There is a period to see if workers want to stay in remote work or return. For some companies, assuming the cost of internet and energy is not within their possibilities, so it would only be possible to maintain it if it is agreed that the worker continues to assume these costs.

4. Assess security systems and self-assessment

Companies could gradually evaluate the security mechanisms and the recommendations regarding safety and health at work (based on the experience of remote work and the accidents that have occurred).

Although a self-assessment will be regulated, some companies have already been implementing this system (for example, safety measures in ergonomics, service channels, among others).

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5. Adapt employment contracts and develop a teleworking or remote work policy

Procedures for returning to face-to-face, terms and conditions of service, disciplinary sanctions, formats, day and time systems, etc. can be evaluated.

In these months, the experience of remote work could be evaluated and what improvements could be regulated to make said system efficient. The norm establishes the minimum content of the contract or the agreement that the employer must follow for the hiring of teleworkers.

Let’s remember that remote work ends on December 31, 2022 and it is unlikely to be extended.

Thus, the teleworking rule will regulate remote work with greater formalities than remote work.

Let us remember that with the old norm (Law 30036) it was only used by 17,000 workers, and with remote work they almost reached 300,000, a system that has given the opportunity to integrate into formal work many and many workers who have family responsibilities and They can only provide services from their home.

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