Return to face-to-face work: what are the challenges for this 2022?

The COVID-19 pandemic has created a new challenging work environment for leaders and employers. Four of them will remain in force in 2022: the vaccination process, the digital disconnection, legal provisions against contagion and plans to return to face-to-face work.

To learn more about them, the labor lawyer and partner at Guzmán Napurí & Segura Abogados, Percy Curi, explains each point.

The digital disconnect

One point to consider is the regulation of the right to digital disconnection; that is, any obligation to maintain work activities after the working day through computerized means. This right was recognized in 2020 and its regulations were published in 2021 where infractions were established in case tasks are required during the disconnection time.

Although companies have implemented various personnel actions to guarantee compliance with this right, the different needs of the business and the profiles pose a challenge in an innovative situation.

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Vaccination process at work

As of December 10, 2021, the obligation to have the complete vaccination schedule for the effective return to face-to-face work was established through Supreme Decree No. 179-2021-PCM. It was established that, in case a worker do not have full vaccination, you will not be able to attend work in person, continuing with their work remotely.

Likewise, it was provided that if remote work is not possible, the perfect suspension of the employment contract will be automatically applied, unless there is a different agreement between the employer and the worker to be granted a leave with credit.

Until now, only a temporary exception has been granted until January 14, 2022 for those workers whose job is classified as low risk of exposure and who also carry out face-to-face work outdoors during the entire working day.

Plans for returning to face-to-face work

During the course of 2021, increased return-to-work plans, which could be total or mixed (some days remote work from home and others in the workplace), considering the regulations regarding permitted economic activities, alert levels and social immobilization schedules.

These plans will continue in 2022, with the challenge of opting for a face-to-face model in its entirety or flexibility in favor of workers with a mixed option. It should be noted that health restrictions will remain uncertain due to threats from new variants or new increases in contagion levels.

Legal provisions against contagion

Provisions remain in force for the return is safe and with the least exposure to avoid contagion within the workplace; For this reason, the surveillance, control and prevention plans against COVID-19 are maintained.

It should be remembered that Ministerial Resolution No. 1275-2021-MINSA is in force, which contains the current guidelines, among the main ones are:

1. Verify that workers have the full vaccination dose.
2. Ensure natural ventilation of work centers in a natural and mechanical way.
3. Establish disinfection or handwashing points within the workplace.
4. The employer must carry out activities of information, orientation and prevention of contagion for workers; among others.

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Remote work application

Through Emergency Decree No. 115-2021, the validity of remote work was extended for the entire year 2022, a decision that was made due to the growing number of infections by COVID-19 in the current context of the third wave already declared by the health authorities.

To the extent that work permits, employers must prioritize the use of remote work among their collaborators, with the exception of those who have a confirmed diagnosis of COVID-19, who must complete their quarantine period as medical leave.

It must be borne in mind that, for the development of remote work, the employer must inform the worker of the conditions in which it will be carried out, including the working day and the supervision mechanisms, and must be trained (if necessary) on the remote work. use of the computer systems or platforms that will be used.