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Frequent questions

What legal protection exists to use remote work and telework?

Under current conditions, the use of remote work should be prioritized, and within this the teleworking modality, in activities that allow it. Remote work is one of the measures that has been implemented since September 2019; in the current situation, it constitutes a protection for workers, since they will be less exposed to risks and can continue working, charging 100% of their salary, according to the forms and payment systems applied by the entity. Article 24 of Law No. 116 of the Labor Code of December 20, 2013, which establishes the content of employment contracts, in subsection e) provides for the agreement of the workplace, which may be the domicile of the worker. In the case of teleworking, it is required to have the necessary means to facilitate the worker being able to work from home, using computer technologies and connectivity. The modification of the initial conditions of the employment contract is formalized by means of a supplement, where the periodicity for the delivery of the work and other matters of interest are agreed, in accordance with the provisions of article 42 of the Labor Code, which allows a control cash from work performed. In the case of remote work and teleworking, the worker continues to enjoy the rights and benefits, including the payment of the food stipend.

Can part-time employment contracts be agreed?

The conclusion of part-time employment contracts may be agreed according to the requirements of production and services, with a duration shorter than the daily workday, in which case the remuneration is proportional to the work time, as provided in the article 27 of the Labor Code.

What labor and salary treatment is applied to the stoppage of work activities?

Given the cessation of work activities, the employer prioritizes the relocation of workers in other activities, within or outside the entity, including those determined by need of the territory. If the worker is relocated to another position within or outside the entity, the salary of the new position accrues in accordance with the form and payment system applied; If you relocate to an activity without a position, you receive your basic salary. In no case does the worker lose the employment relationship with their home entity. When it is not possible to relocate the worker, she receives a wage guarantee equivalent to one hundred percent of her daily basic salary during the first month, and after this, the guarantee is sixty percent while the stoppage lasts.

Workers who were already interrupted in previous periods and received the 100% salary guarantee for the first month, and are currently without a salary guarantee, do they only receive the corresponding 60% during this period?

No. For workers declared previously interrupted for other reasons, who were subject to the salary treatment provided for in Decree No. 326 “Labor Code Regulations”, and as a consequence of the measures adopted to confront COVID-19, it is paralyzed. its activity, the approved labor and salary treatment is applied in full for the duration of this epidemiological situation, and the salary guarantee paid in previous work interruptions is not taken into account. If the worker is previously interrupted, receiving the salary guarantee during the first month at 100%, and his activity is paralyzed for the reasons described above, the collection of this guarantee is interrupted and the salary guarantee provided for on a temporary basis begins to be applied. for this epidemiological situation.