In brief
Law No. 32102, an amendment to the Telework Law, has been published, incorporating rights and obligations for teleworkers, as well as modifications to the minimum content of telework agreements.
The Executive Power will adapt the Regulation of the Telework Law to these new rules within 90 calendar days.
The main changes are described below.
| What happens in the event of power outages or internet service disruptions during teleworking? | The employer may not deduct the teleworker’s remuneration or request compensation for hours not worked due to duly accredited power outages or internet service disruptions. However, this does not mean that companies cannot adopt other measures in the case of scheduled or prolonged outages. For example, personnel could be required to work in-person at such times. |
| Telework site changes | In the event that the teleworker changes the usual teleworking site, they must ensure optimal IT and communication conditions for teleworking. In turn, the employer will identify the hazards and assess the risks to which the teleworker would be exposed, implementing corrective measures as required. To facilitate this process, it is important that the parties agree on the use of a self-assessment mechanism. |
| Minimum content of the teleworking agreement or contract — handling confidential information | The telework agreement or contract must specify the conditions for handling the company’s confidential documentation and the teleworker’s responsibilities. We recommend reviewing that the agreements to which the company is currently a party comply with this requirement. |
| Prohibition to leave the teleworking site and to carry out personal activities | During the working day, the teleworker must not leave the usual teleworking site and perform personal activities. If they do so, they must justify these actions. If the worker does not justify these actions, it will be considered an infraction subject to a corresponding sanction. It is important to note that this rule is applicable to teleworkers subject to immediate control, i.e., those who meet a work schedule. In addition, as it is a rule for the benefit of the employer, the latter may adopt a more flexible internal policy. |
| Active breaks during the teleworking day | Employers must include in their occupational health and safety recommendations to take active breaks throughout the day. However, it is not mandatory to monitor whether these breaks are actually taken. |
We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read the Spanish version.
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