On August 14, 2020, the “Legal Regime of the Remote Working Contract”, Law 27,555, was signed into law by President Alberto Fernandez. The new law provides that remote employees be granted the same rights and obligations as employees performing their duties in person, and that their remuneration may not be lower than what an employee working on-site receives.
The remote working concept is established as an addition to the Employment Contract Law. After the entry into force of the Law, any activity carried out by a worker communicated through information and communication technologies, may be considered an employment agreement with the rights and obligations regulated by the Employment Contract Law, especially regarding the working hours and the salary of the agreement. Although this rule determines the nature of an employment agreement for this type of benefit, it also establishes that it must be regulated by a special law and by collective bargaining.
The Law sets limits regarding the employer’s right to require the worker hired under this modality to provide services outside the agreed hours, for which the working hours must be established in writing. On the other hand, the workers under this modality have the right to reconcile their work schedules when they prove that they are in charge of a minor under 13 years old, a person with a disability or a cohabitating elderly adult. The law establishes that: “Any act, conduct, decision, retaliation or obstruction from the employer that violates these rights will be presumed discriminatory.”
Some other key takeaways of the new law are:
- When it comes to the transfer of a face-to-face position to a remote working one, the worker’s consent must be recorded in writing, the worker being empowered to request the reversibility of the transfer at any time, and the employer shall grant him face-to-face tasks in the establishment closer to his home.
- All technological equipment, such as software to be used by the employee and the costs of installation, maintenance and repair of the same shall be paid by the employer.
- Although it is established that the employee will be responsible for the correct use and maintenance of the working elements and tools, in case of damage, breakage or wear of these that prevent the provision of tasks, the workers will continue to enjoy the right to receive their remuneration. In turn, the employee must ensure that the work elements provided by the employer are not used by people outside the relationship and the employer may take the necessary measures to guarantee the protection of the data used and processed by the worker. However, the same law prohibits the employer from using surveillance software which violates the worker’s privacy.
- The law grants trade union organizations various rights of participation and control over the agreements and software that apply to this regime.
- The law provides for its application in remote working agreements executed both in the country and abroad, in the most favorable being applicable to the employee.
This article originally appeared on our partner website: https://canosa.com/ — It was edited and reposted here. To learn more, contact Javier Canosa.
