Currently, the Federal Labour Act regulates telework in Chapter XII, Home Work, of the Sixth Special Work Title. This is defined in article 311 of the LFT, stating that it is “… it is usually carried out for an employer, at the home of the worker or in a premises freely chosen by him, without the immediate supervision or direction of the person providing the work. Work done remotely using information and communication technologies shall be considered as home work“. The essential elements of this special work can be seen from this definition.
Article 314 of the Labour Force Act states: “Employers are persons who provide work at home, whether or not they supply work equipment or materials, regardless of the form of remuneration”, it is pointed out that it is employers who grant the work to be performed, whether they deliver the tools or materials to perform it or not and that the form of remuneration for the work performed is not a condition of the employment relationship.
Employers who work at home must first register with the Register of Home-Based Work Patterns, which will work at the Labour Inspectorate. The register shall contain the name and address of the employer for whom the work is to be carried out, in accordance with Article 317 of the LFT.
Article 318 of the LFT, working conditions shall be stated in writing. The document shall contain: the name, nationality, age, sex, marital status and domicile of the worker and employer, the place where the work will be performed, the nature, quality and quantity of the work, the amount of the salary and the date and place of payment and such other stipulations as may be agreed upon by the parties.
As regards remuneration for work at home or at a distance, minors may not be paid for similar work in an enterprise or establishment, as provided for in article 323 of the Labour Code. They are also entitled to be paid the wages of the compulsory day of rest and annual leave in accordance with articles 327 and 328.
Employers have special obligations to: set wage rates, provide work materials and supplies and receive work in a timely manner and pay wages in the form and on the dates stipulated. And the workers have special duties: to keep and preserve the materials and tools they receive from the employer, to work with the agreed and customary quality, to receive and deliver the work in the agreed days and hours, and if necessary, compensate the employer for the loss or damage caused to the materials and equipment they receive.
As can be seen in the current legislation on teleworking, it focuses more on manual activities carried out in the home of the worker with the materials or tools supplied or provided by the employer. It does not focus on so-called teleworking or teleworking in other areas or activities, noting that the so-called “Home Office” only mentions the use of information and communication technologies in article 311. Therefore, all the aspects mentioned in the Labour Law must be considered, especially with regard to the expressly stated: “… it is the one that is usually executed for an employer …”. Circumstances and conditions to be considered before implementing distance or home work in an enterprise as the usual way of performing the work.
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