The Teleworking contract and the Guidelines for the Right to Disconnect from Work are governed by a series of guidelines (Ministerial Agreement MDT-2022-237 – December 23, 2022).
– What is its objective and for whom is it applicable?
Its objective is to regulate teleworking and work disconnection, this is mandatory for all employers that apply teleworking among their workers.
– Is there a difference between face-to-face and teleworking?
The difference is the place where the worker will carry out his work activities. This can be the worker’s home or any specific place.
The functions, rights, schedules and activities of the worker will remain the same.
– What is its validity and how should it be executed?
The validity of teleworking must be defined between the parties after they agree that the activities to be carried out are carried out in this modality.
Teleworking must be carried out by the worker in the specifications of his position, with the employer being responsible for providing the necessary materials and equipment for it to be carried out correctly, taking into account that the values for telephone and internet are considered “tools of work”, therefore, they will not form part of the remuneration for settlement purposes, but they must be borne by the employer.
Additionally, the employer must ensure that they adopt the respective health and safety measures within the space where teleworking will take place (inputs, conducts and conditions). In the event that the place where the teleworking will be carried out is solely the will of the worker, he must declare that he will adopt all the corresponding security measures.
– What is the registration process?
The original teleworking contract must be registered in the Ministry of Labor system within a period of no more than 30 days.
In the event that this modality is applied to a current contract, the employer must register, within a period of 15 days, the period of time in which the work activities will be carried out in the teleworking modality.
– What is the right of disconnection?
It is the right that workers have that, once their working day is over, they cannot establish communications, issue orders or requirements for at least 12 continuous hours in a 24-hour period.
The following will be excepted from this rule: (i) the circumstances established in art. 52 of the Labor Code, and; (ii) people who fulfill management roles or positions of trust.
– The disconnection policy
To comply with the right to disconnection of workers, employers must have a Disconnection Policy which must contain:
1. Training measures for working hours, teleworking and the right to disconnect;
2. Establish the guidelines of the supervisors or immediate bosses for the requirements outside of working hours;
3. Guidelines to follow so that the use of technology does not affect the enjoyment of work rest, and;
4. Internal procedure for receiving complaints for non-compliance with the Labor Disconnection Policy.
This policy must be implemented within a period of 90 days from the issuance of the Ministerial Agreement.
For more information contact:
Daniel Castelo | Senior Associate Bustamante Fabara | dcastelo@bustamantefabara.com
Maria Rosa Fabara | Partner Bustamante Fabara | mrfabara@bustamantefabara.com
