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Teleworking law: payment of Internet and electricity to workers will not be mandatory

Teleworking law: payment of Internet and electricity to workers will not be mandatory

Notwithstanding the Internet payment, the employer will be prevented from accessing, by digital means, the worker’s documents and communications, or making image or voice captures or recordings without prior consent. How does it apply if I telework abroad?

The Peruvian Government published this Sunday the Supreme Decree No. 002-2023-TR, which establishes the Regulation of the new Teleworking Law, Law No. 31572, published in September of last year. Among the main aspects, it stands out that the employer will not be obliged to cover the payment of Internet or electricity used by the worker to carry out his workday.

According to the Ministry of Labor and Employment Promotion (MTPE), the parties (worker and employer) may agree that teleworking be temporary or permanent. In the absence of an agreement, it is understood that teleworking is permanent, without prejudice to the fact that the modality may be subsequently modified according to the rules provided in the Law and the Regulations.

In the event that there is no agreement against the compensation of expenses (that is, the employer does accept payment for Internet and electricity), the compensation of the equipment provided by the worker is made based on the value of the good, for which the characteristics of this and its value in the market can be taken as a reference.

Internet payment is made based on the referential values ​​necessary for the provision of the service, while compensation for electricity consumption is made based on the referential values ​​of the cost of the service.

It should be noted that employers have 60 calendar days, counted from February 27, 2023, to adapt to teleworking. During this period, public sector employers may continue to apply remote work.

Teleworking: do I have the right to privacy?

Should I stay with a camera on the side recording 24/7 what I do while teleworking? Within the framework of teleworking, the employer is prevented from accessing, by digital means, the worker’s documents and communications, originated by reason of work or otherwise, without the worker’s prior authorization.

The employer may not make captures or recordings of the image or voice of the worker without the prior consent of the former. The prior consent of the worker is not required when the capture or recording is required by the nature of the work.

It is also prevented from entering the place from where the worker teleworks, without prior authorization. This does not restrict the employer’s power to verify, through any face-to-face or digital means, compliance with the agreements to carry out teleworking

Finally, the employer may not implement any other coordination, control or supervision mechanism that affects the intimacy, privacy or inviolability of the worker’s private communications and documents.

Teleworking law: what should the contract contain?

The MTPE informs that the document in which the provision of services under teleworking is agreed must contain, at least:

  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.

Teleworking law: how does it apply outside the national territory?

In the event that teleworking is carried out outside the national territory, the new regulation of the Teleworking Law mentions that the parties agree on the specific conditions of said modality, guaranteeing compliance with the corresponding labor, immigration and tax regulations.

Source: Larepublica

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