Telework and its main considerations.

About the pandemic and the facilities that some companies have to continue operating from their homes. Telework is defined as: the form of work organization consisting of the performance of remunerated activities, in places other than the employer’s establishment or establishments, primarily using information and communication technologies, for contact and command between the working person under the modality of telework and the employer.

Telework is understood to be performed when the worker performs more than 40% of his activities outside the workplace using information and communication technologies, and should not be occasional or sporadic.

For the performance of telework, the working conditions must be stated in writing by means of an individual employment contract which, in addition to the essential requirements set out in Article 25 of the LFT, must indicate:

• Work equipment and supplies, including those related to safety and health obligations that are given to the worker under the teleworking modality.
• The description and amount that the employer will pay to the working person under the teleworking modality for the payment of services in the home related to teleworking.
• The mechanisms of contact and supervision between the parties, as well as the duration and distribution of schedules, provided that they do not exceed the legal maximum.

The telework modality will be part of the Collective Labor Contract (CCT), which in its case exists between the union and the company, or in its absence the employers that do not have a CCT must include telework in its Internal Labor Regulations (RIT). The change from face-to-face to teleworking shall be voluntary and established in writing, except in cases of duly accredited force majeure, the parties shall have the right of reversibility to face-to-face.

The employer should promote balance in labour relations in both modes, so that they enjoy decent or decent work and equal treatment in terms of remuneration, training, training, social security, access to better employment opportunities and other working conditions.

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LEGAL NOTICE

The main purpose of this information is to provide guidance to the general public. It does not replace the provisions of applicable law. Nor does it replace the specialized legal advice or consultancy that can be offered by any of the lawyers and/or accountants of Bandala | Díaz | García