This Thursday, April 27, the adaptation period proposed by the regulation of the Teleworking law expires, which aims to regulate this type of work in both public and private entities and promote decent work, which allows the employee to have a balance between your personal and work life.
In this labor modality, as indicated by Cecilia Vargas, partner of the CMS Grau Labor Law area, the worker has the same obligations as those established for personnel who carry out face-to-face work. That is, attend training, not hire third parties, carry out their functions within the working day, take care of the goods provided by the employer, communicate the change of workplace, among others.
“However, there are new points and agreements that must be considered as the necessary express agreement between the employer and the worker for the implementation of work at home, except in the exceptional cases provided by law,” Cecilia Vargas points out.
For example, the specialist explains, the employer cannot force its employees to work remotely if they do not want it, just as an employee cannot force a company to allow them to work from home. She adds that: “for both requests, there are exceptional cases, the reasons for which must be objectively and reasonably justified by the company”.
Regarding the work tools, the employer must assume the cost of the equipment, including the assumption of the expenses derived from teleworking. This includes electricity and internet, unless there is an agreement between both parties and they decide that it is not mandatory.
Furthermore, the employer is responsible for ensuring adequate working conditions from the point of view of health and safety.
Cecilia Vargas explains that teleworking does not reduce the employer’s responsibility in terms of health and safety. “The company should train their employees about health, safety, sexual harassment, information security,” she says.
Source: The Peruvian