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Teleworking: New regulation sanctions all violation of teleworking rights

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27.02.2023

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MTPE published Norma that regulates guidelines for the compensation of internet expenses and electricity

The Ministry of Labor and Employment Promotion (MTPE) approved the Regulation of the Teleworking Law, through Supreme Decree No. 002-2023-TR, published in the extraordinary edition of the newspaper El Peruano.
The purpose is that such regulation is subject to the needs of the public and private employer, as well as the framework of decent work and the conciliation between personal, family and work life, it requires the norm that grants a period of adaptation of the regulations of 60 days.
During this period “public entities may continue applying remote work,” says the norm.
Thus, all affectation to the nature of the labor link, the category, remuneration, the benefits obtained by collective agreement or those adopted in conciliation or mediation, and other working conditions given prior to change of change of change of change in the change of change in the change of Modality of the provision of work.
Do not comply with granting the teleworkor the same benefits and rights regulated by law, regulation, collective agreement or any other rule that have been established for workers who work under the face -to -face modality.

Consent
The change in conventional worker mode will also be sanctioned to that of teleworking or vice versa without their consent, except for those unilateral changes in use of the guideline; as well as breach with the timely payment of compensation for working conditions assumed by the teleworkor.
In the same way, prevent the teleworking to freely decide the place or places where the teleworking performs, unless they do not have the necessary digital conditions and communications, or that it represents a risk to the health and safety of the teleworkor; among others.
In general, the regulation consists of 13 chapters, 42 articles, 9 final complementary provisions, a transient complementary provision and four annexes.

Details
Teleworking can perform their work within the Peruvian territory as outside this, requires the regulation that also regulates the application of teleworking in favor of the vulnerable population,
Similarly, special provisions of teleworking application in the public sector are issued. And, in all cases, they are public entities, institutions and private companies, the obligation to guarantee the right to digital disconnection is imposed.

Source: The Peruvian

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