Modality makes distribution of working time more flexible.
The new regulatory framework for teleworking allows this special modality of provision of work, on a regular or habitual basis, to be carried out within the national territory or outside it.
In this context, the teleworker is free to decide the place or places where it is carried out, provided that it has the necessary digital and communication conditions, indicates the Directorate for the Promotion of Labor Formalization of the Ministry of Labor and Employment Promotion (MTPE). ).
According to the new definition of teleworking established by Law No. 31572, it is characterized by the subordinate performance of regular or habitual tasks without the physical presence of the worker or civil servant in the workplace, with whom he maintains an employment relationship. , carried out through the use of digital platforms and technologies. Thus, teleworking is also characterized by being voluntary and reversible, temporary or permanent, total or partial and making the distribution of the time of the working day more flexible, specifies the aforementioned address.
The rule also applies to private entities and companies subject to any type of labor regime. Also to the entities established in article I of the TUO of Law No. 27444, Law of General Administrative Procedure, approved by D. S. 004-2019 -JUS.
In the case of training or other analogous modalities, the provisions of the Teleworking Law will be applied to them, as long as they do not contravene their training nature, details the dependency of the MTPE.
In the event of a change in the usual place of teleworking, the teleworker must inform the employer five business days in advance, unless there is a duly justified cause. In these cases, the employer will unilaterally apply the alternative self-assessment mechanism, provided in the aforementioned law.
The guide states that the employer guarantees all the facilities for access and digital accessibility of the teleworker to the systems, platforms, office automation tools, security software or other applications, necessary for the development and fulfillment of their functions, also providing them with remote technological support. And, finally, that the teleworker is responsible for the correct use of the facilities provided by the employer.
The teleworker has the same obligations as the workers who work under the face-to-face modality, according to the type of work regime to which each teleworker belongs, except in regard to attendance at the work center. While the employer also has the same obligations as those given to workers under the face-to-face modality, according to the type of labor regime to which each teleworker belongs. The law regulates the provision of equipment.
The regulations of the law will define the way in which compensation is determined and made for the provision, use and care of technological equipment.
Source: The Peruvian