With the arrival of the pandemic, millions of people were forced to migrate from face-to-face work to teleworking to avoid contagion for COVID-19. More than two years later, millions are already on their fourth dose of vaccination, the economy is reactivated, there are massive concerts and parties without masks, which go hand in hand with the reduction in cases; but this type of work has remained in force: like the coronavirus, it is here to stay. For this reason, it has been enacted Telecommuting Law. What is it about? Here the details.
The Law No. 31572 or Teleworking Law it was published on September 11 in the Bulletin of Norms of the Official Gazette El Peruano and was approved at the insistence of the Congress of the Republic.
The purpose of the standard is to regulate teleworking in public entities and private institutions and companies within the framework of decent work and advocates for “the digital disconnection that guarantees the enjoyment of free time, the balance between work, private and family life”, as well as for the compensation of expenses made by the employee in terms of services to perform their work. Both the employer and the worker must comply with the rule because, otherwise, they would be committing an infraction. If you are a teleworker, pay attention to the note.
WHAT IS TELEWORK?
Telecommuting is a special service provision modality, which became important in the country as a result of confinement due to the COVID-19 pandemic, and remains in many companies to this day. It is characterized in that the physical presence of the employee, called “teleworker”, in the company is not required. For this reason, the worker carries out his work through the use of information and telecommunications technologies (ICT).
Characteristic
According to the law, these are the characteristics of teleworking:
- Voluntary and reversible character.
- Temporary or permanent.
- Total or partial.
- You can make the distribution of the time of the working day more flexible.
- It can be carried out within the national territory or outside of it.
- It must have the necessary digital and communications conditions.
WHAT ARE THE RIGHTS OF THE TELEWORKER?
- The teleworker will have the same rights as the workers or civil servants who work under the face-to-face modality, according to the type of labor regime to which they belong.
- You will have the right to receive equipment (cell phones, computers or laptops, for example).
- You must be provided with Internet access or financial compensation for the provision thereof.
- Compensation of electrical energy consumption.
- Right to digital disconnection, intimacy, privacy and inviolability of the teleworker’s private communications and documents, considering the nature of teleworking.
WHAT ARE THE OBLIGATIONS OF THE TELEWORKER?
- The teleworker will have the same obligations as those established for workers or civil servants who work under the face-to-face modality.
- Communicate to the employer the will, duly motivated and with the corresponding anticipation, to agree on a change in the mode of provision of work, to teleworking or face-to-face.
- Objectively evaluate the request for change in the mode of provision of work presented by the worker or civil servant or teleworker to opt for teleworking or return to face-to-face work.
- Carry out telecommuting in person. It will not be possible for this to be done by a third party.
- Deliver and report the work commissioned by the employer within their working day.
- Comply with all the provisions issued by the employer for the development of their work, in addition to the safety and health measures, conditions and recommendations.
- It will be available during business hours.
- You will take care of the assets provided by the employer and use them for telecommuting. It will prevent them from being used by other people.
- Participate in training programs provided by the employer.
WHAT ARE THE OBLIGATIONS OF THE EMPLOYER?
- The employer will have the same obligations as those established for workers or civil servants who work under the face-to-face modality, according to the type of labor regime of each teleworker.
- Communicate to the worker or civil servant the will, duly motivated and with the corresponding anticipation, to agree on a change in the mode of provision of work, to teleworking or face-to-face, through any physical or digital support that allows a record of it.
- Objectively evaluate the request for change in the mode of provision of work presented by the worker or civil servant or teleworker to opt for teleworking or return to face-to-face work.
- Deliver the equipment, as well as the internet access service or assign economic compensation for the provision of these to the teleworker
- Grant compensation for the consumption of electrical energy to the worker.
- When it is agreed that the teleworker will provide their own equipment and the Internet, these are compensated by the employer, unless otherwise agreed.
- Respect the digital disconnection of the teleworker and will notify him about the mechanisms of labor communication and the measures, conditions and recommendations for safety and health in teleworking that must be observed during his working day.
- Train the teleworker in the use of computer applications, information security and health and safety in teleworking.
