brief
Law No. 32102 is an amendment to the Telework Law, which has been published and incorporates the rights and obligations of teleworkers, as well as changes to the minimum content of telework agreements.
The executive branch will have 90 calendar days to adapt telework regulations to these new provisions.
The main changes are described below.
| What should I do if there is a power outage or internet service interruption while teleworking? | Employers may not deduct remote workers’ pay or require compensation for time not worked due to a duly approved power outage or internet service outage. However, this does not mean that companies cannot take other measures in the event of a planned or prolonged power outage. For example, personnel could be required to work in person during such a time. |
| Remote work location change | If teleworkers change their usual remote work location, they must ensure optimal IT and communication conditions for remote work. In turn, employers will identify hazards and assess the risks that teleworkers may be exposed to, and implement corrective measures as needed. To facilitate this process, it is important that all parties agree to use a self-assessment mechanism. |
| Minimum Contents of a Telework Agreement or Contract – Handling Confidential Information | The teleworking agreement or contract must clearly define the conditions for handling confidential company documents and the responsibilities of the teleworker. We recommend checking whether the current agreements to which the company is a party meet this requirement. |
| Prohibition on leaving the remote work location for personal activities | During the workday, teleworkers are not allowed to leave their usual telework location and carry out personal activities. If they do so, they must justify these actions. If the worker does not justify these actions, it will be considered a violation and will be punished accordingly. It is worth noting that the rule applies to remote workers who are under direct control, that is, those who meet their work schedules. In addition, since this is an employer-friendly rule, employers can adopt more flexible internal policies. |
| Active breaks during remote work | Employers must provide for active breaks throughout the day in their occupational health and safety advice. However, it is not mandatory to monitor whether employees actually take breaks. |
We hope this information is useful to you and your company. If you require any advice in this regard, please do not hesitate to contact us.
Click here to read the Spanish version.
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