New teleworking law: what is the modality that will replace remote work?

From January 2023, the new teleworking law (Law No. 31572) will replace the remote work modality, since the Executive did not extend the regulations that came into force since the beginning of the pandemic. The telecommuting was approved by the Congress of the republic in September of this year and, among other aspects, regulates the provision of equipment and the payment of services for private companies and public institutions.

This new teleworking law will replace the old rule created in 2013 and also the modality of remote work. For this, the Executive published Ministerial Resolution No. 347-2022-TR, which seeks to receive suggestions, comments or recommendations from employers Y workersas well as public entities and the general public regarding a proposed regulation of the telecommuting. These observations can be made to the email jnaupas@trabajo.gob.pe.

How does the new teleworking law work?

Compensation of expenses (such as electricity and internet payment) generated during teleworking is one of the most important changes brought about by the new law. Employers must assume these costs, in addition to the provision of technological equipment, unless otherwise agreed.

In the proposal for a teleworking regulation, the Ministry of Labor and Employment Promotion (MTPE) specifies that, although the worker can contribute with their equipment and the payment of services, they could access financial compensation. “The provision of these (equipment) does not imply, under any circumstances, that the teleworker assumes all the expenses related to the equipment, tools and related means”, explains the text.

Failure to pay compensation to the teleworkers would be considered a Serious offense in labor matters. According to figures from PETM by January 2022, close to 228,000 employees carried out their work by teleworking.

When will Law 31572 that regulates teleworking come into force?

Although the telecommuting will enter into force from January 2023, companies will still have time to adapt to the regulations. “The provision of services must be regulated under this new law from January 1. We are still in an open adaptation period; that is to say, they are not going to inspect or question yet, but the issue of occupational safety and health must be seen now because it is a matter that we have to put into practice,” said labor lawyer Germán Lora.

The project of regulations for teleworking published on December 22 will have a period of 10 calendar days to receive comments. Germán Lora considers that the Executive could publish the final text around the fortnight of January. After that, a period of 60 days will be given for the companies to adapt to the new regulations.

Public officials return to face-to-face work from January 3, 2023

starting Tuesday January 3 By 2023, public servants who carried out remote or mixed work must return to carry out their work in person, as reported by the National Civil Service Authority (SERVIR).

As they explained, the return has been established in the Emergency Decree No. 026-2020which indicated the exceptional and temporary measures to prevent infection by COVID-19, where it specified that the remote work for the public sector it ended on December 31, 2022.