Remote work is here to stay once companies were forced to establish it due to the covid-19 pandemic. Although attendance is returning, the Government has decided to issue regulations to give guarantees to those who continue to work in this modality.
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Through Law 2121 of August 3, 2021, the Government gave guidelines for remote work that, finally, were regulated under the dDecree 555 of April 9, 2022.
It should be clarified that remote work is different from teleworking and working at home. In this modality, the entire employment relationship must be carried out remotely, so the employer and the worker they will not physically interact throughout the bonding and blended learning will not be accepted either, except in exceptional cases.
In turn, it is established that they may agree on the monthly value of compensation for the use of work tools owned by the worker and agree on the possibility of having a flexible schedule. Likewise, it is indicated that the worker must tell the company truthful information about the chosen workplace.
WHAT SHOULD THE REMOTE WORK CONTRACT CONTAIN?
All the pre-contractual and contractual stages of the process must be carried out virtually, with the use of Information technology and communications and at no cost to the worker.
In addition, the contract must have these clauses:
1. The functions that the worker must perform.
2. The working conditions, that is, the physical conditions of the job in which the contracted service will be provided.
3. The list of work elements that will be delivered to the remote worker for the effective development of their functions, including technological tools, instruments, equipment, connections and programs, as well as the cost of the assistance that the remote worker will pay. employer to offset the cost of energy and internet and/or telephony services used in the provision of the contracted service.
4. Responsibilities regarding the custody of work elements and the procedure for delivery and return by the remote worker.
5. The computer security measures that the remote worker must know and comply with.
6. The exceptional circumstances in which the worker may be required to attend the work center, in accordance with the provisions of article 16 of Law 2121 of 2021. Within these, the execution of recreational, cultural and of well-being to which the worker must attend the work center or the recreational site that the employer has.
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OBLIGATIONS OF THE EMPLOYER
The contract should also make clear the employer commitments with your employee, these are the minimums:
1. Submit to the Occupational Risk Administrator (ARL) a copy of the work contract of the remote worker and fill out the form adopted for this purpose and provided by the Occupational Risk Administrator.
2. Inform the ARL of the place chosen for the provision of the service, as well as any change of place, indicating the weekly shift, the class of risk that corresponds to the work performed and the class of risk corresponding to the company or work center . The change of workplace or address of the remote worker must be arranged with the employer.
3. Include remote work in its methodology for the identification, evaluation, assessment and control of dangers and risks of the company, adopting the necessary actions according to its annual Work Plan of the Occupational Health and Safety Management System.
4. Make workers aware of the communication mechanisms to report any news arising from the performance of remote work and instruct workers on the reporting of work-related accidents or work-related illnesses.
5. Provide the remote worker with safe work equipment and appropriate means of protection in the task to be performed and guarantee that workers receive training and information on the risks arising from the use of computer equipment and their prevention.
6. Provide the remote worker with a copy of the employment contract and the company’s policy on health and safety at work.
7. Verify virtually the hygiene and industrial safety conditions of the place where the remote worker will perform the functions, with the advice of the ARL to which he is affiliated.
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OBLIGATIONS OF THE REMOTE WORKER
In addition to the obligations established in the labor legislation, it has the following obligations:
1. Participate in the prevention and promotion activities organized by the company, the Joint Occupational Health Committee, or the corresponding Occupational Watcher and participate in virtual health promotion and prevention activities of the employer or the ARL.
2. Comply with the rules, regulations and instructions of the company’s Workplace Safety Management System.
3. Use personal protection elements.
4. Seek comprehensive health care, as well as provide the employer with clear, truthful and complete information about any change in their health status that affects or may affect their own ability to work.
5. Participate in the prevention of occupational hazards, report work accidents, occupational diseases, incidents, and disabilities.
6. Make sure to comply with the rules and follow the recommendations of the employer and the Occupational Hazards Administrator.
7. Follow the instructions regarding computer security, made by the employer.
8. Provide truthful information about the workplace, as well as any changes that may arise.
9. Restore work equipment and tools provided by the employer for the performance of their work, in the state in which they were received, except for deterioration due to normal use.
WHAT ABOUT CAREGIVERS?
In these cases, both parties must reach an agreement to establish compatible schedules in which the event proves to be the sole caregiver of children under 14 years of age, people with disabilities or older adults. The conditions must be the following:
1. That the employer be previously notified of the particular situation by
part of the worker.
2. That the schedule does not substantially affect the ordinary business of the
employer business.
3. That there is a mutual agreement between the parties to proceed with the setting of
compatible schedules.
WORK TOOLS
The employer and the worker will have, by mutual agreement, to agree on the monthly amount of compensation for the use of work tools owned by the employee.
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THE SCHEDULES
The contract must establish, by agreement, the way in which the activity will be carried out through flexible schedules, provided that the weekly working day is complied with. In this sense, the employer may implement information technology mechanisms to determine compliance with the weekly schedule and protect the right to disconnect from work during working days.
BRIEFCASE
