The diploma that regulates the exercise of labor activity under telework is of subsidiary application for civil servants and administrative agents, while specific legislation is not approved.
Telework corresponds to the work performed with legal subordination, usually outside the company and through the use of information and communication technology, subdivided into home telework, satellite office, community work center and nomad.
According to the decree, teleworking can be carried out by: pregnant women with an acceptable health situation, person who is responsible for the individual or shared care of a child under five years of age or persons with special needs dependent with a disability or equal attested incapacity or greater than 60 percent.
A person who has a state of health incompatible with face-to-face work, as long as it is proven by a document issued by a doctor and if a state of constitutional necessity is decreed, is also covered by this type of work.
The employer must provide the teleworker with the instruments necessary to carry out his work and, when this is not the case, with the worker's consent, telework can be carried out through the means that he has, and the company is responsible for the proper programming and adaptation to the needs. inherent to the activity.
"The employer must assume the full reimbursement of all additional expenses that, demonstrably, the worker bears as a direct consequence of the acquisition or use of the work tools necessary to carry out the work activity", reads the decree.
With regard to working hours, the diploma establishes that the provisions of the General Labor Law must be observed and that during working hours, the teleworker must be available for contacts with clients, colleagues and superiors.
Regarding the privacy of the telework worker, the employer must respect this right, the personal and family rest and rest times, as well as guarantee the right to professional disconnection.
When there is a need for the employer to carry out a visit to the workplace, it requires 24-hour notice, whenever telework is carried out at home.
"The visit referred to in the previous number must only have as its object the control of the work activity, as well as the work instruments and can only be carried out during the agreed working hours, with the assistance of the worker or a person designated by him", says the document.
