The telework law, in force for the most part since last October 13, contemplated a period of three months for the remote work agreement regulated in the standard will be formalized. There was also a period of three months for the companies to carry out the adaptations or modifications of the telecommuting agreements of individual character in force, which will not derive from collective agreements or agreements.
Well, once this time has passed, below we detail the points that all telework contract must contemplate.
According to the teleworking law, the telecommuting agreement must be in writing, and may be incorporated into the initial employment contract or carried out at a later time. In any case, it must be formalized before the start of the remote work.
The company must provide the union representation with a copy of all distance work agreements that are made and their updates within a period not exceeding ten days from their formalization, which will be signed in order to prove that the delivery has taken place. Subsequently, said copy will be sent to the office of job.
When there is no legal representation of workers, a basic copy must also be formalized and sent to the employment office.
Without prejudice to the regulation contained in this regard in the collective agreements, the distance work agreement must include, among other points, the inventory of means, equipment and tools, including consumables and furniture items, and listing of items expenses that the worker could have due to the fact of providing services at a distance, as well as the form of quantification of the compensation that the company must pay and the moment and form to carry it out.
In addition, the agreement must include the duration of the same; he working hours; the percentage and distribution between face-to-face work and remote work if there is; the workplace of the company to which the remote worker is assigned; the remote workplace chosen by the worker to carry out his work; the means of business control of the activity, and the duration of notice periods for the exercise of reversibility situations.
To the remote work implemented exceptionally as a result of the health containment measures derived from Covid-19 Ordinary labor regulations are applicable to them, although they are obliged to provide their teleworkers with the means, equipment, tools and consumables required for the development of remote work, as well as the necessary maintenance.