Telework Law: Today is the deadline for companies to adapt to the rules

Today, Thursday, April 27th is the deadline for companies to adapt to the provisions of the Teleworking Act Regulation, but what does this mean and how can it affect workers?

According to Aime Limako, Cuatrecasas’ head of labor, companies They have this deadline if they decide to use this type of work, which means that from the next day they can already be checked.

“One of the points considered in the regulations concerns the compensation of expenses. It is agreed that the employer will bear the costs and expenses, unless otherwise agreed,” he explained.

Also regulation specifies that, in the case of equipment, the said costs are reimbursed on the basis of the value of the asset, for which “its characteristics and its market value can be taken as a basis”.

12 hour digital shutdown

Another key point of this law is that a remote worker has the right to a digital shutdown for 12 consecutive hours, except for an accidental event, force majeure or special circumstances.

“For example, if an employer or team member makes a job request via WhatsApp to an employee during digital shutdown hours, the employee is not required to honor or respond to the request,” Limako said.

What are the restrictions for an employer?

It should be noted that the rule establishes that the employer is prohibited from “access by digital means to documents and messages created by reason of work or otherwise, without prior permission from teleworker”. Make recordings of the image or voice of remote workers without their prior and express consent or requirement to make these recordings.

On the other hand, the labor lawyer points out that according to the regulation, in the event of an accident, the remote worker must prove that the injury or damage to his health occurred at his workplace, during working hours and with the work tools used for his work.

Be aware that a remote worker must complete mandatory safety and health training and sexual harassment prevention.

“Regulations for training in occupational safety and health and prevention of sexual harassment already existed. In accordance with the rules of remote work, the employer must take into account the condition of the remote worker to conduct training. depending on the situation and the place where the collaborator works,” he says.

The lawyer adds that it is important to consider that the contract distant work must be in writing and may be partial or complete, permanent or temporary.

fines

If businesses do not comply with what is set out in the regulation, they may be subject to sanctions, but these penalties will depend on whether it is a small, medium or large enterprise and how many workers are affected.

Employment lawyer Eric Valderrama, partner at the law firm Miguel Mur & Abogados, points out that fines can be up to 76,800 soles for minor violations, but how much are fines for serious violations?

“If we find ourselves in a serious violation scenario, which could be a failure to comply with obligations related to safety and health at work, Internet access, this type of violation goes in a company that is not mype, from 7 thousand 772 soles to 129 thousand soles” he explained.

Valderrama adds that when we talk about very serious violations, such as non-compliance with the disconnection regime and the privacy of a remote worker, fines range from 13,018 soles to 260 thousand sols when it comes to companies not associated with mype.

It should be remembered that from April 28, inspections of companies will begin to check whether they are complying with their obligations to work remotely, which can also be requested by employees.

Also, keep in mind that companies can also decline a telecommuting request from their employees justifying the need for staff for customer service, logistics operations that must be done in person, among other factors.

fines

Violations of the telecommuting rules can be classified as minor, serious or very serious and can be fined between S$1,287 and S$260,023.50.

For minor violations only, fines range from S$1,287 to S$76,824. The labor activist points out that some violations By “soft” is meant not entering the minimum information required to be placed in the contract or in the agreement on changing the conditions for the provision of work.

For serious violations, fines can range from SGD 7,771.50 to SGD 129,294.

“”This classification includes such violations as non-support or support without an objective assessment of the employee’s refusal to request a change in the mode of service. Another assumption is that the employer does not allow the remote worker to designate the place or places where they will perform their work, unless the place where the person wants to work remotely has proper digital and sanitary conditions for work,” explains Limako.

Similarly, a company’s failure to comply with its agreed obligations to provide and service equipmentdoes not provide Internet access service or any other aspect that is necessary for the remote worker to perform their duties.

For very serious violations, sanctions range from S/13,018 to S/260,023.50 and apply when, for example, the company fails to respect the confidentiality, intimacy and privacy of personal documents in the personal and family area of ​​the remote worker.