He Executive power published this Monday Law No. 31572 that implements changes to the Teleworking Law Regarding the rights and duties of teleworkers, this regulation establishes measures that affect the contract and the development of work in this modality.
The modified articles are 6, 11, 12, 21 and 23, and comments have been added. In this regard, article 6.7 indicates that “the time not worked by the teleworker due to power outages or lack of internet service duly accredited It cannot be a reason for a discount on the teleworker’s remuneration nor is it subject to subsequent recovery.”.
It is also established that this time cannot be recovered on a subsequent day.
In Article 11 it was added that, “in the event of a change in the usual place of teleworking, the teleworker must inform the employer five working days in advance, unless there is a duly justified cause. In this case, the teleworker guarantees optimal computing and communication conditions to carry out teleworking appropriately.
Furthermore, it provides that “from the point of view of occupational risk prevention, the employer identifies the dangers and assesses the risks to which the teleworker would be exposed, and implements the corresponding corrective measures, for which the teleworker provides access facilities to his new usual teleworking location.”
Article 12 of the standard established the minimum requirements that the contract or agreement for changing the modality of work provision must have.
“For the hiring of teleworkers or for the change of work performance modality from in-person to teleworking, the employer and the worker or civil servant define, at a minimum, the conditions for the removal of confidential documentation from the employer’s facilities to carry out teleworking, specifying the responsibilities of the teleworker,” it states.
An amendment has been added to Article 21 prohibiting teleworkers from carrying out private activities during working hours, and also prohibiting them from leaving their usual teleworking location.
WHAT ABOUT TELEWORKER’S BREAKS?
“The maximum working time for a teleworker is the same as that applicable to a worker who works in person. During the course of the working day, the teleworker is prohibited from leaving the usual place of teleworking and from carrying out particular activities; in the latter case, if he or she does so, he or she must justify them. Failure to provide justification constitutes a serious disciplinary offence, which may lead to the initiation of a disciplinary procedure and subsequent sanction, as appropriate, which may provide for the automatic reversal of the teleworking modality,” the law states.
However, Article 23 states that breaks are mandatory for active breaks during the working day: “The employer informs and trains the teleworker about the health and safety measures, conditions and recommendations for teleworking that he or she is required to comply with at the place where he or she performs his or her work, which include mandatory breaks for active breaks during the working day.”
Peru21 ePaper, enter here and try it for free.
RECOMMENDED VIDEO
