Colombia: New Decree issued Regulating the Conditions for Employees Working Remotely

Author: Alejandro Castellanos

By means of Decree 555 issued on 9 April 2022, the Ministry of Labour regulated the conditions that will apply to the labour relations between employers and workers who perform their work under the remote work modality. This Decree has established the minimum clauses that the employment contract must contain for this modality created by Law 2121 of 2021, including the possibility that the parties have to agree on the value of the monthly compensation that the employer will recognise for the use of work tools that are the property of the worker, as well as the monthly allowance for the employee’s Internet, telephone and energy costs, and the possibility to establish special schedules, including the events in which the worker proves to be the sole caregiver of minors under fourteen (14) years of age, older persons or persons of all ages with disabilities, and the elderly.

It is important to point out that this regulation contemplates obligations not only for the parties of the labour contract, but also for the Occupational Risk Administrators who must establish a guide for the prevention and control of risk factors in remote labour.

Key Action Points for Human Resources and In-house Counsel

• Decree 555 does not apply to public servants or state institutions.
• This regulation will make it possible to differentiate the concepts between remote labour, working from home and teleworking.
• Decree 555 recognises the effort of workers who also serve as caregivers facilitating differential working hours.