The Executive publishes the modification of the law that prohibits carrying out domestic activities during teleworking

By publishing in a special edition of the Official Gazette El Peruanothe Executive decided to enact the law that modifies the terms under which teleworking is carried out in our country. The measure promoted by the congresswoman of Popular Action, Maria del Carmen Alvasince its introduction, has been the subject of controversy as it limits the actions that employees can carry out at home while working from home. In the event of non-compliance with any of these rules, the employer could consider it a very serious offence, initiating a disciplinary process.

In total, there are five changes included in the so-called “Law that modifies Law 31572, Teleworking Law, regarding the rights and duties of the worker.” These affect articles 6, 11, 12, 21 and 23 of the aforementioned law. As recalled, on May 30, the Congress approved by a large majority the modification of these points, in which the particular activities that workers can carry out from home are limited.

Teleworking Law: what is the new prohibition published in the law?

Of the 5 modifications to the teleworking law made by Congress and endorsed by the Executivethe section on private activities was the most criticized. It is about the change in the Article 21which refers to the length of the working day and the registration mechanism. The new rule states:

The maximum working time for a teleworker is the same as that for a worker who works in person. During the working day, the teleworker is prohibited from leaving the usual place of teleworking and from carrying out particular activities; in the latter case, if he/she does so, he/she must justify them. Failure to provide justification constitutes a fault disciplinary seriousbeing grounds for the initiation of a disciplinary procedure and subsequent sanction, as appropriate, which may provide for the automatic reversal of the teleworking modality.

What other changes have been implemented in the law?

Worker rights

Paragraph 6.7 is added, which establishes that time not worked due to cuts in the supply of light or the Internet cannot be deducted from the teleworker’s remuneration nor be subject to subsequent recovery.

Teleworking place

Paragraph 11.2 is amended, indicating that the teleworker must inform the employer of any change in the usual place of teleworking two weeks in advance. five business daysunless there is a justified cause. In addition, the teleworker must guarantee optimal computer and communication conditions to carry out teleworking properly.

Minimum content of the contract

Literal k) is incorporated, which establishes that the contract or agreement for changing the work modality must specify the conditions for the removal of confidential documentation from the employer’s facilities to carry out teleworking, detailing the responsibilities of the teleworker.

Health and safety in teleworking

Paragraph 23.6 is added, which obliges the employer to communicate and train the teleworker on health and safety measures for teleworking, including breaks for active pauses during the working day.