Scope of the Regulation of the Teleworking Law.
The regulation of Law 31572, Telework Law, D.S. No. 002-2023-TR. Although both the Law and the regulation are in force, employers have until April 27 to adapt to its provisions.
The regulation, among other aspects, maintains the voluntary nature of teleworking, following the provisions of the Teleworking Law (Law), for which there must be an agreement between the parties.
In this line, it contains 8 additional points that the teleworking agreement must contain, which are:
1.- The obligations of the public and/or private employer in the framework of teleworking.
2.- The rights and obligations of the teleworker within the framework of the provision of the service under the telework modality.
3.- Protection measures against sexual harassment in teleworking
4.- Safety and health measures in teleworking.
5.- Security measures and digital trust.
6.- In case of provision of digital equipment, if applicable, the public or private employer details the security measures and maintenance periodicity that it applies to them to ensure their proper functioning,
7.- In the case of a teleworker with a disability, if applicable, the public or private employer details the implementation of the reasonable accommodations requested.
8.- Others established by the employer.
However, the regulation contemplates, like the Law, the employer’s power to order teleworking or its reversibility, anticipating it to the teleworker with 10 business days. In this case, the exercise of its directing power must consider objective causes such as the functions of the teleworker, the supervisory and/or control capacity of the employer, among others.
Regarding the provision of equipment to the teleworker, the regulation states that the employer is the one who delivers them and that they must be used for work purposes. If there is a technical or connectivity failure due to a fortuitous event or force majeure, these are not attributable to the worker if he reports them in a timely manner.
The employer must also provide the Internet access service and assume the cost of electricity consumption, allowing that, if the worker provides them, it is agreed that no compensation will be paid for it. This is the main regulatory novelty regarding the project that was published months ago.
It also provides that the employer must train the worker on applications and digital platforms that are used for work. Likewise, he must train him in matters of safety and health at work, in a manner appropriate to the teleworking modality. The same about sexual harassment in the context of teleworking.
For the accident suffered by the teleworker to qualify as work, the worker must demonstrate that the injury occurred in the workplace, during work hours and with the work tools used to work. The investigation is carried out with the participation of the Occupational Health and Safety Committee or the supervisor in order to assess whether it qualifies as an accident at work.
Additionally, the regulation incorporates violations of the regulations of the labor inspection law related to teleworking, such as not respecting the intimacy, privacy and inviolability of communications and private documents of the personal or family sphere of the teleworker, without their consent, with some exceptions. provided for by current regulations, not respecting the right to digital disconnection, among others.
Source: The Peruvian