Peru: Peruvian Congress approves new Law of teleworking
The law recognizes teleworking as a valid way to carry out work, inside or outside the country, providing that the teleworker enjoys the same rights as the personnel who work in person.
Employer and employees must agree on the provision of teleworking services in the employment contract (which can be fixed-term or indefinite, full-time or part-time) or, subsequently, through a private agreement. In any case, the document must be stored in a digital medium that ensures its integrity and authenticity. The document agreeing the change of service modality must define (i) whether it will be total or partial, (ii) the period, (iii) the minimum notice period for the worker to attend in person to company’s premises, (iv) the work schedule, (v ) the teleworker’s domicile, (vi) the communication, supervision, control mechanisms, the applicable digital platforms and technologies, (vii) the affidavit prohibiting the use of third parties for the provision of services, among other aspects.
Law also recognizes the obligation of the employer to provide work tools, the internet to the teleworker and to assume the cost of electricity, unless the worker takes charge of what is indicated in exchange for financial compensation. It is also allowed to agree otherwise.
Regarding the reversibility of teleworking, the teleworker can request the employer to change the modality of the provision of his work face to teleworking, or from teleworking to work at company’s premises, which is evaluated by the employer, being able to deny said request in use of his directing power, evidencing the reasons of such denial within 10 business days of request. It is provided that the employer, exceptionally in use of his directing power and for duly supported reasons, could change the mode of rendering services from working at company’s premises to teleworking, or vice versa. This change must be made prior notice in writing or by e mail to the worker or teleworker, at least 10 business days in advance.
Law also states that employer is responsible for granting safety and health at work by informing teleworker all the risks that may arise from labor duties. Teleworker should allow employer´s entrance to his workplace. Also, teleworker could use a self-examination format which would be approved by Ministry of Labor.
New law also establishes that the teleworker must comply with a work schedule unless legally excluded from it and that the employer must recognize his right to digital disconnection and respect his rights to privacy and secrecy of communications. The teleworker must be available to the employer during the working day and fully comply with his obligations.
Finally, the law provides that companies that employ teleworkers when the law entered into force (September 12th, 2022) must comply with the law within a period of sixty (60) calendar days counted from the day after its regulations are published. To publish the regulation, there are 90 calendar days, so in practice the adaptation period could extend until February 2023.
César Puntriano Rosas
511 611-7000 ext. 7166