Companies have until April 27 to adapt to the new teleworking law

According to the regulations of the new teleworking law, Companies have until April 27 to adapt to these established changes, provided that they have decided to take advantage of this modality. In this way, as of April 28, the National Superintendency of Labor Inspection (sunafil) will now be able to control them.

Aymé Límaco, head of the labor area of ​​Cuatrecasas, specifies that there are several aspects that companies must implement, such as compensation of expenses, which establishes that it is the employer who will assume the costs, however, the contrary can be agreed between the parties.

In case of accidents, the teleworker must prove that the injury or damage to health occurred in the workplace, during working hours and with the work tools used for their work.

The lawyer also indicates that the norm establishes that all teleworkers have the right to digital disconnection for 12 consecutive hours, except in a fortuitous case, force majeure or special circumstances.

“For example, if the employer or a member of the team makes a labor requirement via WhatsApp to a worker during digital disconnection hours, the worker is not obliged to comply with the request or respond to it”, points out Aymé Límaco.

Additionally, the norm contemplates that the teleworker must receive mandatory training on safety and health at work from the company, as well as on prevention of sexual harassment.

“The willingness to carry out training in security and health at work, as well as in the prevention of sexual harassment already existed. Based on the telework regulations, what should happen is that the employer takes into account the condition of the teleworker to carry out training according to the situation and place where the employee works”, Aymé emphasizes.

It is important to mention that the regulation specifies that the teleworking contract must be entered into in writing, which can be: partial or total, and permanent or temporary.

Can they fine the company for not complying with the regulations?

Violations of the regulation, which are classified as minor, serious and very serious, are sanctioned with fines ranging from S/1,287 to S/260,023.50.

“Lights can be sanctioned with fines ranging from S/1,287 to S/76,824. In this group, there are some infractions such as, for example, not having entered the minimum information that is required to be placed in the contract or in the agreement for the change in the modality of provision of work ”, details the lawyer.

Regarding serious infractions, the fines can range from S/7,771.50 to S/129,294. “This classification includes infringements, such as not supporting or supporting without carrying out an objective evaluation the refusal of the worker’s request for a change in the service provision modality. Another assumption is that the employer does not allow the teleworker decide the place or places where they will carry out their work, unless the place where the person wants to telework does not have adequate digital and sanitary conditions to work, ”says Aymé Límaco.

It is also considered thatThe employer incurs in a serious infraction when he does not comply with the obligations regarding the provision and maintenance of equipment, does not grant the Internet access service or any other aspect that is necessary for the teleworker to be able to perform their duties.

Then come the very serious infractions, ranging from S/13,018 to S/260,023.50. At this level, explains Aymé Límaco, the employer is sanctioned, for example, when he does not respect the privacy, intimacy and inviolability of private documents in the personal and family sphere of the employer. teleworker. This applies as long as it has been carried out without the consent of the teleworker and without considering the exceptions provided for by the rule.