Telework Law: What do companies and employees need to know?

The teleworking law will begin to fully apply in the next few days after the deadline for companies to adapt to the regulation of the standard, how will this affect workers?

This ordinance, which had a 60-day implementation period, lays down the conditions for workers who work remotely. Employment lawyer and UPC law professor Christopher Castillo explains companies’ obligations to their employees.

“Now companies must provide remote worker equipment or financial compensation, internet service or financial compensation, and they must cover home electricity service, and they also have the right to be out of service for at least 12 hours, that is, not answering phone calls. ,” he explained.

He also recalled that companies should also train teleworkers about the use of digital applications or about safety and health issues at work or sexual harassment.

This mode of work, which may be partial or full, does not involve any reduction in work benefits and must be set out in a written contract.

It is even indicated that in this agreement the company can agree with the employee that he bear the costs or that they be divided, but it is noted that there are still some concerns on the part of employers.

“At the cost level, there are important issues in employersfor example, to ensure, through systems and technological tools, the security of information accessed by teleworkers; or even, in those companies that have implemented a hybrid system, the implementation of security measures not only in the face-to-face workplace, but also in the place where remote work will take place. These concerns, among other things, have led many companies, including micro and small companies, to return to 100% face-to-face communication,” said Pierre Mendoza, an employment lawyer and partner at HR Legal.

PBut what if no agreement is reached? A labor lawyer points out that the “remote work” regime, which did not require prior consent and was extended from 2020 due to the COVID-19 pandemic, can no longer be applied.

“To the extent that remote work can no longer be applied and to the extent that worker and the employer does not have an agreement on how to deploy remote work, the employee will be required to personally come to the workplace,” he said.

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 law firm Miguel Mur & Abogados, notes that in cases violations a minor fine can be up to 76 thousand 800 soles, how many 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 it comes to 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 maps.

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 request for their employees to work remotely. employees justification of the need for personnel for customer service, logistics operations that must be carried out personally, among other factors.