BY TAXPAYERS ASSOCIATION
As a result of the pandemic, teleworking has acquired enormous relevance that remains to some extent to this day. Well, Congress has currently approved a bill (No. 5889/2023-CR), recently sent to the Executive for final approval or rejection. This bill would modify various articles of the current Teleworking Law, but what they promote in at least two of its changes does not have adequate technical support.
Amendment to Article 21.
“…During the course of the working day, the teleworker is prevented from leaving the usual place of teleworking and from carrying out particular activities; in the latter case, if he/she does so, he/she must justify them. Failure to provide justification constitutes a serious disciplinary offence, which may lead to the initiation of a subsequent disciplinary procedure or sanction, as appropriate, which may provide for the automatic reversal of the teleworking modality.”
This is the most relevant and questioned modification within the project. Regardless of the difficulty in identifying this type of conduct, resorting to a case of absolute immobilization is not entirely healthy or advisable, and it definitely contradicts the foundations and motivations that support teleworking. Abuses of workers should not be allowed without a doubt. However, the current regulation already contains figures that allow employers to monitor and sanction possible abuses (through daily work reports, for example), without the need to resort to such rigid schemes as the one proposed.
Labor lawyer Ricardo Herrera said: “This is a project that would collide with other laws protecting “labor minorities,” such as working mothers, or workers who must care for a direct relative with a severe disability or terminal illness” (Source: “El Peruano” newspaper).
For labor lawyer Jorge Toyama, with these new modifications, working under the Telework modality “is equivalent to being imprisoned in your house. According to this bill, I must ask for permission for everything,” emphasizing the impossibility of supervising this reality and, therefore, the possibility of arbitrary situations being generated by the employer towards the employee.
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