On September 11, 2022, Law No. 31572, Teleworking Law, has been published in the Official Gazette El Peruano, whose purpose is to regulate teleworking in public administration entities and in private institutions and companies in the country. framework of decent work and reconciliation between personal, family and work life, and promote public policies to guarantee their development.
In this regard, it is established that teleworking is a special modality of work provision, regular or habitual. It is characterized by the subordinate performance of those without the physical presence of the worker or civil servant in the workplace, with whom he maintains employment ties. It is done through the use of digital platforms and technologies.
– The worker or civil servant who is under the modality of providing teleworking tasks is called a teleworker.
– Teleworking is also characterized by:
a. Be voluntary and reversible.
b. Be temporary or permanent.
C. Be totally or partially.
d. Make the distribution of working hours more flexible.
me. Be carried out within the national territory or outside it.
– The teleworker is free to decide the place or places where they will usually carry out the telework and these must be informed to the employer before the start of the work.
– In the event of a change in the usual place of teleworking, the teleworker must inform the employee 5 business days in advance, except for a duly justified cause.
– Teleworking is encouraged in favor of the vulnerable population, improving its implementation preferably in the case of staff with disabilities, pregnant women and breastfeeding women, in addition to staff responsible for caring for children, older adults, people with disabilities, of people belonging to risk groups due to clinical factors or pre-existing diseases or with direct relatives who are seriously or terminally ill or suffer a serious accident, having previously evaluated the nature of the functions and the profile of the position they perform the worker.
– The maximum time of the working day of the teleworker is the same applicable to the worker who works in person.
– The exclusions that apply to the time of the maximum working day of work or the provision of work, provided for in the regulations that regulate the working day, also apply to teleworking.
– The teleworker has the right to digitally disconnect during the hours that do not correspond to their working day.
Likewise, Law No. 30036, Law that Regulates Telework, is repealed.
Source: The Peruvian