• Law No. 126 of February 18, 2020
Article:

Law No. 126 of February 18, 2020

10 March 2020

Lilia Lee, María Atencio |

The labor standards are modernized and incorporate regulations related to the teleworking model, allowing the employee to carry out their work activities at least once a week from a location other than their office or habitual place of work.

 

Relevant aspects:

  • For the execution of the teleworking model is necessary that both the employee and the employer agree to carry it out.
  • All forms of telework must be agreed by contract or addendum to the employment contract.
  • It is not mandatory that the employee access this modality.
  • The employer may request the employee to return to the office whenever he or she gives advance notice of said decision.
  • Part-time or full-time teleworking can be agreed; in other words, some or all of the employee’s working days fit into this modality.
  • Telework contracts are individual and must contain minimum information such as:
  • Manifestation of the voluntary nature of telework,
  • Manifestation of the reversible nature of telework,
  • Term of notice in case of reverting the teleworking modality,
  • Determine if the telework will be partial or complete,
  • Time of the work period,
  • Declaration of the employee indicating that he has adequate facilities to carry out his or her job functions,
  • Confidentiality clause for information management,
  • Description of the job and working functions,
  • Terms of remuneration, and
  • Parties’ domicile.

 

Employee is not obliged to work overtime

The teleworking model does not require that the employee works overtime, unless the employer so requires.  If they work overtime, these will be governed by the rules of the Labor Code.

 

Emergency work on duty work and recognition of work-related accidents.

With the previous consent of the employee, the employer may require him or her to carry out emergency work as duty work[1], provided that the emergency involves the employee having to move to an employer’s dependency and the employer must provide the corresponding means of transportation or cover these expenses.  The hours worked must be paid by the employer according to the surcharges of the working hours established in the Labor Code.

 

When the employee suffers a work-related accident, he or she is entitled to the same social security rights, for the transfer and the on-site execution of the duty work.

 

In addition, the employee will also have the right to recognition from the Social Security Fund service in the event of a work-related accident at work in their teleworking employment relationship, provided that the accident occurred during the period agreed in the employment contract.  Likewise, the employee will have the right to recognition of the professional risks that occur during the provision of the service, provided that the employee suffers from an illness resulting from the work performed for the employer during the employment relationship.

 

Expenses assumed by the employer at the time of agreeing to teleworking

These expenses will be mutually agreed by both parties and will not be considered as wages for purposes of calculating labor benefits.

If the job requires a speed faster than the basic speed offered by Internet providers for residential users, the additional expenses for bandwidth speed or network speed will be assumed by the employer.

 

Once an employment relationship begins as a teleworker, the employee must receive training in handling the equipment used for his or her services and the occupational risks they may have.  In the event of termination of employment, the teleworker must return to the employer in optimal conditions the technological equipment that was supplied to him or her to perform his or her functions.

 

Data protection measures

It is the responsibility of the employer to adopt the necessary measures for data protection and vice versa.

 

Role of MITRADEL (Ministry of Labor and Labor Development) to promote telework

MITRADEL is responsible for creating a National Telework Network that includes private companies, universities, public sector and social organizations to promote cooperation at the national and regional levels, providing the employees with the best tools, necessary to perform a decent work.

 

Amendment of Article 151 of the Labor Code

The possibility of paying the salary by bank transfer or check is included in article 151 of the Labor Code provided that (i) the employee can open the account or use his or her own bank account, (ii) the employer bears the cost of the service and ATMs are available to the employee.  Otherwise, the employer must pay the salary in cash or check, (iii) the payment in check will be applied whenever the check is delivered in hours when the bank is open and the employee can cash it during work hours, and (iv) when it is agreed through a collective agreement.

 


[1] It consists of the space of time outside the regular work day, where the employee attends to any availability that arises in the company’s facilities, using electronic means, by telephone or assistance to the employer’s facilities where the emergency arises.