Workers can apply for teleworking: what is the application process like?

On Thursday, April 27, the 60-day deadline for public and private companies to adapt to the Telework Law, whose regulations were approved in February of this year, expired. That is to say, since Friday the 28th, said norm began to govern, which will be permanently subject to the control of the sunafil and Serve.

He Vice Minister of LaborJuan Navarro, explained on TV Peru that the adaptation period has served for the companies themselves identify job positions that can be transferred to teleworking and, from there, establish agreements with their workers under the new modality.

How to request to switch to teleworking?

Along these lines, he reported that, since April 28, the workers can ask their employer to take advantage of the modality of telecommuting. Once the request is submitted, the company has 10 days to give you a positive or negative response.

Employer must support response

In the event that the application is denied, the representative of the Ministry of Labor and Employment Promotion explained that the employer You must justify your decision. since it is not enough to tell your worker only “not applicable”. For example, one of the reasons that could be supported “is that the job position is not considered for said modality”.

What happens if there is no response to the request? The rule says that after the 10-day period has elapsed and if the worker or civil servant does not receive any response approval of the order will be assumed.

The official considered that one of the reasons for the employee to become a “teleworker” is that, when taking stock with the face-to-face workcan generate a greater saving in displacement.

Telecommuting: who should cover the expenses?

This Law 31572which has 12 hours of digital disconnection to which teleworkers are entitled, consists of turning off or disconnecting the equipment or digital means, of telecommunications, used for the provision of services.

Likewise, it indicates that the responsibility of assuming the costs as internet access service and energy consumption belongs to the employer. However, immediately there is an exception to this provision: “Unless agreed by the parties in which the teleworker assumes some costs.”

Employer You must base your decision on the worker’s request for the remote modality. Photo: The Republic.

In the case of those “hybrid” workers, that is, those who alternate between face-to-face and from home, the vice minister replied that, if there is no prior agreement, by default, it is the employer that covers the expenses.

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

Violations of the regulations by teleworking law are classified as minor, serious and very serious, the same ones that are sanctioned with fines ranging from S/1,287 to S/260,023.50.

Teleworking law: what should the contract contain?

The Ministry of Labor and Employment Promotion (MTPE) informs that the document where the provision of teleworking services will be agreed must contain, at least, the following capitulations:

1. The obligations of the employer in the framework of teleworking.
2. The rights and obligations of the worker in the framework of teleworking.
3. Protection measures against sexual harassment at telework.
4. Safety and health measures in teleworking.
5. Security measures and digital trust.
6. The security measures and the periodicity of maintenance of digital equipment, if the employer provides them.
7. Reasonable adjustments, in the case of workers with disabilities.
8. The other specifications indicated by the Law.

What is the difference between teleworking, remote work and home work?

Teleworking is the best-known remote work modality, which has been regulated since 2013 and includes all cases in which the worker performs his duties but without physical presence at his workplace. It differs from remote work because it does not require an agreement from both parties, nor is there an obligation to compensate the worker if he provides any condition that makes it possible, be it equipment or the Internet.

On the other hand, home work is not common either and is oriented towards the fulfillment of a particular result and there is no direct supervision of the worker, which does not make it a natural replacement for remote work. Most of the differences are due to their level of flexibility, oversight, and implementation incentives.