During the early morning, the Congress of the Republic approved, with 97 votes in favor, bills 1046 and 1292, which propose the Telework Law.
The standard defines teleworking as a service provision modality characterized by the use of digital technology platforms; and that the performance of the worker is carried out without the physical presence in the work center.
Unlike the previous regulation, now the provision of equipment by the employer is no longer mandatory, since an agreement can be reached for the employee to use his own equipment.
In this way, the employer can unilaterally, exceptionally and for justified reasons arrange for the worker to provide their services remotely or hybrid work. The general rule will be the agreement.
Likewise, the employee can request to return to face-to-face work for substantiated reasons with 10 days notice, but the employer can deny the request.
It is also established that although teleworking is carried out outside the office, the worker must inform the usual place where it will be carried out prior to the start of work, and in the event of a change, the worker must notify it five business days in advance, except justification.
It is also detailed that the digital disconnection is equivalent to 12 continuous hours in 24-hour periods in the case of personnel not subject to inspection, management personnel, intermittent shifts, and that are not part of the work shift.
