There are less than 10 days left until the expiration of the term that employers have to adapt to the new rules on teleworking established by Law 31572 and D.S. 002-2023-TR.
Although the figure of teleworking is not new, the current regulation brings with it a series of challenges for organizations, based on matters related to occupational health and safety (OSH), since the employer is required to identify the risks derived from teleworking , formulate recommendations to your staff in this matter, train them and even allow the staff to complete a self-assessment format that can be used by teleworkers in order to validate how safe they are in their work environment.
In the country, many companies have minimized the relevance of OSH in the framework of labor relations, and adopt a reactive attitude, instead of a proactive one, taking measures when work accidents occur. With teleworking as a priority, it must be rethought if the company is prepared for its implementation.
But not only must the viability of this labor modality be evaluated under the scope of OSH, but employers must attend to all the pending tasks that this new legal framework brings with it, such as the signing of temporary/indefinite agreements to change the modality to teleworking with the personnel who provide their services in Peru, whether national or foreign.
The employer must draw up new temporary or indefinite employment contracts that already include the legally binding and convenient clauses for total or partial teleworking. This agreement will include the authorization for the delivery of work tools or equipment to attest to the delivery and establish responsibilities or obligations of the worker in their care, maintenance, custody, among others, if applicable. This goes hand in hand with the discount authorization form in the event of theft or loss of the aforementioned tools or equipment, if applicable.
Additionally, it is suggested to review the qualification of positions to identify if they have been adequately qualified as ordinary, trust or management personnel, not subject to immediate inspection.
The employer is responsible for carrying out a case analysis of who will be provided with the economic compensation value for the use of equipment and costs versus those who will not, in order to build an objective basis and avoid eventual complaints of workplace harassment or discrimination.
Likewise, it must adapt all the management documents for the prevention, investigation and sanction of acts of sexual harassment at work to the existence of workers under the teleworking modality, as well as the Internal Work Regulations (RIT) and Internal Regulations of SST .
As can be seen, there are pending obligations, as well as others that have not been listed in this space. Hopefully employers will get over the hurdles and move quickly to April 27 in blue.
Fountain. A Peruvian man
