After months of discussions in the Congress, ‘Work at Home’ has finally become law (Law 2088 of 2021). Law 2088 allows workers to temporarily perform their services outside of the usual workplace, bearing in mind the following guidelines:
- Temporary place: the law aims at regulating general work conditions to work temporarily from a different place, despite the name of the regulation, “Work at Home”.
- Exceptionality: it is an occasional, exceptional, or extraordinary measure that does not lead to the modification of working conditions agreed to in the employment contract.
- Coordination: the employer’s capacity of subordination is maintained, establishing coordination in the execution of the worker’s activities, functions, and services.
- Disconnection from work: workers have the right to enjoy rest periods during the workday.
- Term: the authorisation of work at home will be permitted for up to three (3) months, renewable only once for an equal term; however, if the rare, exceptional or extraordinary circumstances that prevented the worker from carrying out his duties at the workplace persist, this measure will be extended until such conditions disappear.
- Work elements: the worker may provide their own equipment and other tools to perform their functions if there is an agreement with the employer. In the absence of an agreement, the employer will provide the tools required to develop the contracted role.
- Connectivity aid: workers who earn up to two (2) legal monthly minimum wages will have a digital connectivity aid, while providing their services under the guidelines of work at home.
The new law in this respect, calls upon employers to regulate the current working-at-home situation, the pivotal point of which involves analysing each circumstance to determine the proper regulation (if any) to apply – either the Work at Home Law (Law 2088 of 2021) or the Teleworking Law (Law 1221 of 2008).