The executive branch approved the provision of the Law on remote work: what does the rule establish?

The Ministry of Labor and Employment Promotion (MTPE) approved the provision of Law No. 31572, Remote work law. The Supreme Decree formalizing this device was published last night, Sunday, in an extraordinary issue of the Official Gazette of El Peruano.

According to the standard, the goal is for regulation to comply with needs from a public and private employer to a decent work system and reconciliation of personal, family and work life. In addition, it provides government organizations, institutions and companies with a period 60 days to adapt and the corresponding implementation.

In terms of scope, this includes employers, whether governments, institutions and private companies, as well as those workers who provide telecommuting services, subject to any type of work regime, public or private.

The regulation consists of 13 chapters, 42 articles, nine final additional provisions, one transitional additional provision and four annexes.

What are the main things you do for employers and employees?

Voluntary nature and reversibility of remote work

Transition from face-to-face to distant work and vice versa voluntary and must be the result of an agreement between the parties. Also distant work this may be part of the original job description or may be agreed later.

In addition, the transition from face-to-face communication to distant work or vice versa, in no case “would this mean humiliation of the employee’s dignity.”

Remote worker rights

The rule states that teleworker It has equal rights individual and collective than those regulated for workers providing services in person, with the exception of those that are integral to the provision in accordance with the specified method.

In addition, article 9 details The right to privacy, privacy and communication privacy

“In accordance with Article 5 and paragraph 6.4 of Article 6 of the Law, the means and instruments established by the public and/or private employer for the provision, coordination, control and supervision of remote work must respect the intimacy, confidentiality and inviolability of the personal communications and documents of the remote worker”, – specified in the position.

Likewise, an employer will be prohibited from “accessing by digital means documents and communications created by reason of employment or otherwise, without first authorization remote worker. Recording an image or voice of a remote worker without their prior and express consent or request to make these recordings.

However, it states that “the remote worker’s consent is not required when capturing or recording an image or voice is required by the nature of their functions.”

Also, the employer is prohibited to get in to a remote work location without the remote worker’s prior authorization, which “does not limit the employer’s authority to verify, through any personal or digital means, compliance with remote work agreements”

In addition, it must not “implement any other coordination, control and/or oversight mechanism that affects confidentialityconfidentiality and inviolability of private correspondence and documents of a remote worker”.

The rule also states that teleworker “You have the right to closeness, privacy, and the inviolability of personal communications and documents used while working remotely.”

Provision of equipment and internet

With regard to this point, the regulations state that equipment, Internet access service and electricity consumption are has provided employer, “unless provided by a remote worker.” If the equipment is provided employerthey must have “technical characteristics necessary for the provision of the service”.

In addition, the employer will service all digital media provided by them to the remote worker are necessary for the development of their work.

Expense offsets

The regulation states that when a remote worker provides equipment, Internet access service, or electricity consumption under a contract, this compensated employer, “unless otherwise agreed.”

In addition, in the case of equipment, these 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.

In case of Internet access service compensation for the costs indicated, this will be done “in accordance with the benchmarks required for the provision of the service (…) if the provision of services takes place in the home of the remote worker.”

In case of electricity consumption, compensation for the specified expense, it is based on reference values ​​for the cost of the service (…), unless otherwise agreed, provided that the services are provided at the home of the remote worker.

digital shutdown

Teleworkers are entitled to shutdown digital, which consists in turning off or disconnecting digital, telecommunications and analog equipment or media used to provide services outside their working hours, during periods of rest, licenses, holidays and periods of suspension of employment.

“In these cases, one cannot be required to deal with work issues, tasks, coordination or other issues related to the provision of the service,” the regulation states.

In addition, in the case of remote workers not included in the maximum working day, the disconnection time must be at least twelve continuous hours per day, in addition to rest days, licenses, and relationship suspension periods. work.

“A public or private employer respects the right to digital disconnection by ensuring that during this period not connected respond to their messages, orders or other requests that have been issued, except for reasons of force majeure or exceptional circumstances requiring the connection of a remote worker after hours.

Telework within the country or abroad

Teleworkers can carry out their work both in Peru and abroad. In the case of providing services abroad under this modality, the parties will agree on the specific terms of this modality that guarantee the rights of teleworkers.

In addition, teleworkers who are outside the national territory are required to comply with relevant immigration, labor and tax regulations in order to apply for telecommuting.

The minimum content of the contract or agreement for the transition to remote work

For hiring teleworkers or for changing work arrangements from in-person to teleworking, the public or private employer and worker determine the “minimum content of a contract or agreement to change teleworking arrangements.” with the following concepts in mind:

Obligations of a public or private employer under distant work

The rights and obligations of a remote worker in the framework of the provision of services in the remote work mode.

Protective measures against sexual harassment while working remotely.

Health and safety measures for working remotely.

Digital security and confidence building measures, within the provisions of Article 24 of the Law.

In the case of providing digital equipment, if applicable, the public or private employer will detail the security measures and maintenance intervals it applies to them to ensure their proper functioning.

When teleworker with disabilities, if applicable, the public or private employer details the implementation of the requested reasonable accommodations.

Others established by a public or private employer.