New teleworking law and the ten facts you should know

Without a doubt, telecommuting came as a great alternative for thousands of Peruvians to cope with the economic impact and protect their health from COVID-19. After more than two years, this has become the most used and recurring work modality worldwide. According to figures from the Ministry of Labor and Employment Promotion (MTPE), at the end of 2021, more than 200,000 workers in the service sector worked through the remote work modality.

And it is that, despite the fact that the country is in an economic reactivation and the optional use of the mask is allowed, teleworking has remained in force, for which Congress enacted the recent Law No. 31572 or Teleworking Law, which hopes to give greater formality to this modality and provide certain scope so that the development of the activity takes place in optimal conditions.

Ten interesting facts about this new law

In this sense, Christa Caro, a lawyer specializing in labor law and professor at the Faculty of Law and Political Science of the Norbert Wiener University, provides 10 interesting facts about this new law so that workers who are in this modality can know their rights and duties:

The worker has the right to intimacy, privacy and inviolability of the teleworker’s private communications and documents. (Photo: Pexel)

It applies to public and private entities subject to any type of labor regime including the training modalities in which the practitioners are.
It is voluntary and reversible, as well as temporary or permanent. This agreement of both parties must be expressed in the employment contract or in a subsequent document. If the worker wishes to change the modality, he must submit a request to his employer, who has 10 business days to respond. If there is no response after this time, it is understood that the request was approved.
The employer may decide to change the modality exceptionallyHowever, this must provide training and optimal working conditions for good job development. Likewise, you must notify the worker at least 10 days in advance.
The worker is free to decide the place or places where they will usually telecommute. Likewise, you can carry out your work inside or outside the country. This must be reported to the employer before the start of the service provision or reported five business days in advance, except for duly justified cause.
The worker has the right to digital disconnection during the hours that do not correspond to their working day. In the case of management teleworkers, those who are not subject to immediate inspection and those who provide intermittent work, a period of at least 12 continuous hours in a 24-hour period is established.
The teleworker has various obligations such as performing work functions personally and without the help of third parties. Comply, report and deliver everything ordered and commissioned by the employer, as well as participate in meetings and/or training ordered and arranged by the employer.
Payment of internet service and compensation for electricity. This can occur in two different scenarios. One in which the employer provides the necessary technological equipment and assumes the cost of internet, as well as electricity. Another in which the costs are assumed by the worker and later compensated by the employer. In the case of micro and small companies duly registered in Remype, they do not have the obligation to deliver equipment or compensate expenses.
Training. The worker has the right to be informed about the use of computer applications, as well as about measures, conditions or recommendations for protection in terms of health and safety in teleworking.
Security. The worker has the right to intimacy, privacy and inviolability of the teleworker’s private communications and documents.
Violations. If the employer does not comply with its obligations, it will be subject to different sanctions divided into: minor, such as not communicating to the worker the health and safety conditions that must be met to carry out teleworking. Serious sanctions, such as not complying with the provision of equipment or timely payment of compensation, and very serious sanctions, such as not respecting the digital disconnection, in which the fine can reach S/ 241,000.