What is the remote work law companies must comply with from January 1, 2023

From January 1, 2023, companies must comply with Remote work lawfor this reason Ministry of Labor and Employment Promotion (MTPE) He ordered the prior publication of the draft supreme decree approving the regulation of Law No. 31572, Remote work lawHe explained his reasons for receiving comments from those interested in the subject.

Ministerial Resolution No. 347-2022-TR specifies that the proposal should be in the digital headquarters of the portfolio (www.gob.pe/mtpe) and suggestions, comments or recommendations of employers and workers, or their organizations, from public entities or individuals and citizens will be sent to the e-mail jnaupas@trabajo .gob.pe.

According to the proposal, the purpose of the regulation is to regulate Work electronically Subject to a decent working context. To this end, it defines a set of minimum rights aimed at ensuring the well-being, safety, dignity and reconciliation of personal, family and work life for all workers.

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The draft regulation confirms that, according to Article 3 of the law, the Work electronically It may be in whole or in part. In the first case, it will be the case that it is agreed to provide indirect work, with the exception of face-to-face activities or coordination at the end of the time that the remote worker deems necessary or that is required by the employer, indicates.

In the partial, the provision of face-to-face and non-face-to-face activities will be specified. Today’s distribution will be determined on Work contract Or agree to change the method of submitting the work, the details of the initiative.

The proposal also indicates that Work electronically It will be permanent or temporary depending on the period agreed upon between the parties. In the absence of such a limit, it will be understood that it will be of a permanent nature, although this condition will not prevent modification of the method as provided by the Regulations.

Face-to-face application method Work electronically It will be the product of an agreement between the two parties. The employee’s refusal of the remote work method will not be a reason for terminating the work relationship or adjusting the working conditions, as the initiative affirms.

the Work electronicallyDetails, may be part of the initial job description or be agreed upon later. In any case, the remote employee will be allowed to request a change from face-to-face work to remote work, or vice versa. And he confirms that the change from face-to-face work to remote work will in no way affect the dignity of employees.

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Remote workers can carry out their work both within and outside Peruvian territory. In the case of providing services abroad, the parties agree on the specific conditions of this method, ensuring the rights of remote workers.

The application of remote work, in the case of foreigners, will not exempt them from compliance with the corresponding immigration and labor regulations, and is legitimate orphan.

Additionally, the initiative details it to hire remote workers or to change the way face-to-face work is offered Work electronicallyThe employer and the worker specify, as a minimum, the content referred to in Article 12 of the Law.

At the same time, the obligations of the employer in the context of remote work will include; the rights and obligations of the remote worker in providing the service; and measures of protection against sexual harassment in telework. Likewise, safety and health measures in telework; and information security.

Commenting on the studio proposal Echecopar, associated with Baker & McKenzie International, highlights that the project outlines the obligation to respect the right to intimacy, privacy and the inviolability of remote workers’ communications. Unless given prior notice, the employer will not be able to access employee documents and communications.

In addition, the remote employee’s prior and explicit consent will be required to approve their image or voice or their recording, unless required by the nature of the jobs. It also indicates that it will not be possible to carry out visits to the workplace remotely without the prior permission of the employee.

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The company also highlights that employer-provided equipment may only be used for business purposes. Technical or communication failures that impair the provision of the Services will not be considered attributable to the remote worker and cannot be considered a disciplinary offence.

Law No. 31572, Remote work law, organizes remote work as a special method of providing work, in a normal or usual situation, which is characterized by the secondary performance of those who do not have a physical presence of workers in the workplace, and with whom they maintain an employment relationship; This is done through the use of digital platforms and technologies.

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