Teleworking expenses could be assumed by the worker

Last Wednesday, the Commission of Science, Innovation and Technology of the Congress of the Republic approved –unanimously– the opinion that seeks a new teleworking law.

In this way, everything was ready so that this issue can be discussed in plenary.

The text that received the green light establishes –among other provisions– that private companies are in charge of providing technological equipment, access to Internet and the energy consumption required by teleworkers to carry out their activities.

However, at the request of Congresswoman Adriana Tudela of Avanza País, endorsed by the majority of the commission, it was included that this provision could not be followed if an agreement is reached between the parties. “We must leave the option open, a certain flexibility so that both the employer and the worker can ‘agree to the contrary’, according to each particular situation,” she argued.

In this regard, the labor lawyer Ricardo Herrera indicated that this no longer obliges companies, as is established by the current telecommuting law.

He also explained that, if approved in plenary, companies would have to contract with a clause that specifies that the employer does not assume additional costs such as internet, electricity, among others.

In this regard, the Ministry of Labor and Employment Promotion (MTPE), through an official letter, indicated that the reference to the existence of a “covenant to the contrary” is given as an exception; however, “in practice it could become a window of opportunity for arbitrary actions that impose it.”

It is important to remember that with the arrival of the pandemic the figure of “remote work” was created, a mechanism different from “telework” that does not force companies to assume expenses. In 2020, the PEMT It was evaluating making adjustments, but it did not materialize.

What’s more, In May 2021, the Plenary approved a teleworking law, but the government of Francis Sagasti he watched her.

Data

Details. In the public sector, the provision of equipment will depend on the availability of the entity.

Exception. In the case of micro and small business employers registered in Remype, the provision of equipment is not mandatory, unless expressly agreed otherwise.